Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present. 2) Hearing shall be held after normal school hours. 3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways: a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf. b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present. c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration. a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 2 contracts
Sources: Master Contract, Master Contract
Procedures. 1) The number of days indicated at each level should be considered as maximum parties hereto acknowledge that it is incumbent upon the ParaEducator and every effort should be made his/her immediate supervisor to expedite the processresolve problems through free and informal communications. The time limits may be extended by mutual consent in writing When requested by the authorized representatives ParaEducator, an Association representative may accompany the ParaEducator in order to assist in the informal resolution of each partythe grievance. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing Nothing contained herein shall be held after normal school hours.
3) Persons proper construed as limiting the right of any ParaEducator having a grievance to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalfinformally with his/her immediate supervisor and having the grievance adjusted, provided the resolution agreed to is not inconsistent with the terms of this Agreement.
b) He may request that a representative of 1. Level One The formal grievance procedure begins when the ParaEducator or the Association accompany him in approaching his immediate supervisor. In such case, presents the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by to the Human Resources DepartmentDivision Chair. This form is shown in The grievance statement must specify the Appendix 7 nature of the grievance, section of this contractAgreement which has been violated, and the remedy sought. This Such grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten submitted within twenty (1020) days after disclosure of the facts occurrence or knowledge of the event giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing The supervisor shall arrange for a meeting shall to take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by grievance statement. The grievant, Association representative or immediate supervisor may invite the grievant and person or persons of his/her choice to meet with the Association, be appealed supervisor to help settle the grievance. The supervisor shall provide a written answer to the Board by filing a written notice grievance together with the Superintendent stating supporting reasons therefore. Copies shall be given to the grounds for appeal. A meeting with grievant, the Board shall occur within twenty (20) days following receipt of such notice, Association and to the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven three (73) days after the hearingmeeting.
2. Within Level Two If the grievance is not resolved at Level One, or if no decision has been rendered within three (3) days after the meeting at Level One, the grievant or Association may appeal to the Principal of the building (or his/her designee) in which the grievance is alleged to have occurred. The appeal must be in writing and must include the original written grievance to the supervisor, a copy of the supervisor's written response, and statement why the response does not resolve the grievance within (5) days. The Principal (or his/her designee) shall thereafter schedule a meeting with the grievant, the Association, the supervisor, and the person or persons chosen by the grievant within five (5) days of receipt of the grievance. Within three (3) days after such meeting, the Principal shall issue a written decision, including the reasons upon which the decision was based, with copies furnished to the grievant, the Association, and the immediate supervisor.
3. Level Three If the Principal's (or his/her designee’s) response does not resolve the grievance, the grievant shall have five (5) school days in which to appeal in writing to the Superintendent. This appeal shall include copies of all written documents exchanged to the point of the Level Three appeal and a written statement of rationale as to why the Principal's response does not constitute resolution. The Superintendent shall have five (5) school days to schedule a meeting between the grievant and his/her Association representative and the Superintendent (or his/her designee). The Superintendent (or his/her designee) shall have ten (10) school days after the meeting to respond in writing.
4. Level Four Should the grievance still not be resolved at Level Three, the grievance may grievant shall have five (5) school days from delivery of the Superintendent's (or his/her designee’s) written response to appeal to the Board. This appeal shall be submitted in writing, addressed to arbitrationthe secretary of the Board of Education and shall include all written documents exchanged through Level Three in addition to a statement of rationale detailing why the Superintendent's (or his/her designee’s) response does not constitute resolution. Within ten (10) school days, the Board of Education (or its designee(s)) will schedule a meeting between the Board (or its designee(s)) and the grievant and grievant's representative to hear argument and gather information from appropriate sources. Within ten (10) school days of the hearing or within five (5) school days of the next scheduled Board meeting following the hearing, whichever is later, the Board (or its designee(s)) shall respond in writing to the grievant and Association.
a) The parties will select an arbitrator according to 5. Level Five In the provisions event the grievance is not resolved, the Association may, on behalf of the “Public Employee Relations Act.” grievant, within fifteen (15) school days, submit the grievance to binding arbitration through the American Arbitration Association (AAA). The arbitrator shall render his decision in writing rule only on the alleged violation and both parties agree shall have no power to be bound alter the terms and/or conditions of this Agreement or the working conditions of ParaEducators covered by the award this Agreement. Each party shall bear 50% of the arbitrator and agree full cost of arbitration, except that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither each party shall be permitted in arbitration hearings to assert bear full cost for any ground or to rely on any evidence not disclosed to transcripts of the other party prior to such hearingsproceeding it requests.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Negotiated Agreement
Procedures. 1) 17.3.1 The number of days indicated at each level should of this procedure shall be considered as maximum and every effort should shall be made to expedite the process. .
17.3.2 Grievance proceedings shall be kept informal at all levels of this procedure.
17.3.3 If the College fails to comply in writing or with its time limit requirements as set forth under any of the procedure steps, the grievance shall be considered automatically appealed to the next level of the procedure.
17.3.4 If the grievant fails to comply with the grievant’s time limit requirements as set forth under any of the procedure’s steps, the grievance shall be considered null and void.
17.3.5 The time limits set forth herein may be extended by mutual consent provided the extension has been mutually agreed upon in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be presentparties.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. 17.3.6 A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with be considered unless the grievant prior to any scheduled meeting at which initiates the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer later than ten (10) days after disclosure the grievant knew or reasonably should have known of the action which precipitated the grievance and contains, at a minimum, what contractual provision(s) of this collective bargaining agreement is alleged to have been violated, the facts constituting the alleged violation, the date of the incident giving rise to the grievance. Within five (5) days grievance and the relief requested.
17.3.7 No reprisal or retaliation shall be taken against any person who participates in this procedure.
17.3.8 A grievant may be accompanied and represented by the Union and the charged party may be represented by a person of the filing party’s choice at any hearing or meeting conducted under this procedure.
17.3.9 The parties agree to make good faith efforts to exchange information in order to expedite the process.
17.3.10 An employee, acting individually, may present a grievance without the intervention of the formal Union provided the grievance has been processed in accordance with this procedure. The grievant shall be responsible for notifying the Union in writing that a grievance is being filed. At any hearing or meeting shall take place between the immediate supervisorrelated to a grievance brought individually by an employee, the grievantUnion shall be notified by the grievant of the hearing in advance and afforded the opportunity to be present and make its views known. Any adjustment made shall be consistent with the provisions of this Agreement.
17.3.11 If a grievance affects a group of two or more employees or involves a decision or action by the College which has a departmental or College- wide impact, and the Association representative and an answer Union may submit the grievance on behalf of the affected employees at Level 2 of this procedure. The parties may submit this grievance at Level 1 if the affected employees have the same supervisor.
17.3.12 All documents related to the a grievance shall be given maintained in a separate grievance file. This provision does not include disciplinary actions and/or documents that are the subject of a grievance.
17.3.13 Unless otherwise agreed to by the grievant parties, grievances shall be processed at times other than during scheduled workload hours.
17.3.14 Except for informal decisions at ▇▇▇▇▇ ▇, all decisions shall be submitted in writing within five (5) days after the meeting. If at each step of the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee procedure and the Board’s Appeal Committee. The Board’s Appeal Committee decision shall give a written decision on the grievance within five (5) days thereafter and deliver it be submitted to both the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision Union.
17.3.15 Grievances shall be filed on forms approved by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitrationparties.
a) 17.3.16 The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing maintain confidentiality for all grievance proceedings and both parties agree for documents required by law to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictionkept confidential.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 1) The number parties hereto acknowledge that it is usually most desirable for a teacher and his/her building principal to resolve problems through free and informal communications. However, if the informal process fails to satisfy the teacher, a grievance shall be processed as follows:
A. Step One: The teacher shall present the grievance in writing to his/her building principal within ten days of days indicated at each level should be considered as maximum and every effort should be made to expedite the processteacher’s knowledge of the alleged occurrence. The time limits may be extended by mutual consent in writing by written grievance shall specify the authorized representatives term or terms of each partythis Agreement which have allegedly been violated. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and The principal will arrange for a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation meeting with the grievant prior to any scheduled take place within ten days after receipt of the written grievance. If possible, the meeting shall not take place during assigned duties. The grievant shall be present at which the representative is meeting with the principal, unless the grievant waives his/her right to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance present in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievancewriting. Within five (5) ten days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisormeeting, the grievant, and the Association representative and an answer to the grievance grievant shall be given to provided with the grievant in writing within five (5) days after the meeting. principal’s written response.
B. Step Two: If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it resolved satisfactorily to the grievant and at Step One, then the Association. If grievant may appeal his/her grievance to the grievance is not settled at Level Two, it may, Superintendent within five (5) ten days after receipt of the Level Two decision by above Step One answer. The Superintendent shall arrange with the grievant and for a meeting to take place within ten days of the Association, be appealed to Superintendent’s receipt of the Board by filing a written notice with the Superintendent stating the grounds for appeal. A The grievant shall be present at the meeting with the Board Superintendent. If possible, the meeting shall occur within twenty (20) not take place during assigned duties. Within ten days following receipt of such noticethe meeting, and the Superintendent shall promptly notify the grievant and shall be provided with the Association Superintendent’s written response.
C. Step Three: If the grievant is not satisfied with the disposition of the dategrievance at Step Two, timethe grievant may submit the grievance to final and binding arbitration to an arbitrator mutually agreed upon or the American Arbitration Association, and place where such appeal will be heardwhich shall act as the administrator of the proceedings. The Board’s written decision If a demand for arbitration is not so filed within ten days of the date for the above Step Two answer, then the grievance shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitrationdeemed withdrawn.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed handled in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten following manner:
9.2.1 Step One: Within twenty (1020) days after disclosure of the facts giving act or omission which gave rise to the grievance. Within five , or within twenty (520) days from the date the grievant knew or reasonably should have known of the filing act or omission, the grievant shall attempt to resolve the grievance through an informal conference with the immediate supervisor of the formal unit member who was directly affected by the alleged violation, misinterpretation, or misapplication of this Agreement.
9.2.2 Step Two: If the grievance is not resolved at Step One to the grievant’s satisfaction, the grievant may present the grievance in writing a meeting shall take place between to the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing supervisor within five (5) days after expiration of the meetingtime period specified in Step One. The written grievance shall include the specific provision(s) of this Agreement that allegedly were violated, misinterpreted, or misapplied, a clear statement of all material facts on which the grievance is based, and desired remedy. The immediate supervisor shall provide the grievant with a written response within ten (10) days after receipt of a timely submitted written grievance. At Step Two of the grievance procedure, the grievant may elect in writing to represent himself/herself rather than have the Association provide representation.
9.2.3 Step Three: If the grievance is not settled resolved to the grievant’s satisfaction at Level OneStep Two, the Association maygrievant may submit the written grievance and immediate supervisor’s response, within five (5) days after said decisionif any, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, District Superintendent within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Boardimmediate supervisor’s written decision shall be transmitted response at Step Two, or if the immediate supervisor fails to the grievant and the Association issue a timely response, within seven five (75) days after the hearingexpiration of the time period for issuance of a written response. Within five (5) days of after the receipt of timely submitted grievance at Step Three, the decision at Level ThreeSuperintendent or his/her designee will meet with the grievant in an attempt to resolve the grievance. Within ten (10) days after the meeting, the Superintendent shall provide the grievant with a written response to the grievance.
9.2.4 Step Four: Mediation
9.2.4.1 If the grievant is not satisfied with the disposition of the grievance, or if no disposition has occurred pursuant to the provisions of Step Four, the grievance may be submitted referred to arbitrationgrievance mediation within ten (10) days of the Governing Board’s decision.
a) 9.2.4.2 The grievant may request that a conciliator/mediator from the California State Mediation/Conciliation Service, or from any other mutually agreeable recognized dispute resolution center, be assigned to assist the parties will select an arbitrator according to in the provisions resolution of the “Public Employee Relations Actgrievance.”
9.2.4.3 The arbitrator mediator, shall render his decision in meet with the grievant, the Association and the District for the purpose of resolving the grievance.
9.2.4.4 If an agreement is reached, the agreement shall be reduced to writing and both parties agree to shall be bound signed by the award grievant, the Association and the District. This agreement shall be non-precedential and shall constitute a settlement of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictiongrievance.
b) The Board and 9.2.4.5 If an agreement is not reached, the Association agree that neither party shall be permitted in arbitration hearings and District proceed to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearingsStep Five.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 1Parties 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 teacher, a grievance may be processed as follows:
A. The grievant shall present the grievance in writing within twenty-two (22) The number days of occurrence of the event giving rise to the grievance, (or within 22 days indicated at each level should be considered as maximum from the date the teacher has knowledge of the event giving rise to the grievance), specifying the article and every effort should be made clause alleged to expedite have been violated and stating the processremedy sought to the Principal. The Principal shall provide a written answer to the grievance of the aggrieved teacher with ten (10) days after the receipt of the grievance.
B. If the grievance is not resolved at Step A, the aggrieved may refer the grievance to the Superintendent or official designee within ten (10) days after the receipt of the Step A answer. The Superintendent shall arrange for a meeting to take place with ten (10) days of the receipt of the appeal. Within ten (10) days of the meeting, the grievant shall be provided with the Superintendent’s written response.
C. If the grievant is not satisfied with the answer at Step B, the grievant may submit the grievance to the Board of Education within ten (10) days to be discussed at the next regular Board meeting. Within ten (10) days of the meeting, the grievant shall be provided with the Board’s written response, including the reasons for the Boards’ decision.
a. The grievant may request a closed hearing.
b. Neither the Board not the Grievant shall be permitted to assert any grounds or evidence, which was not disclosed to the other part forty-eight (48) hours previously.
c. If the Association is not satisfied with the disposition of the grievance at Step C, or the time limits may expire without the issuance of the Board’s written reply, the Association my submit the grievance to final and binding arbitration under the Voluntary Arbitration Rules of the American Arbitration Association, which shall act as administrator of the proceedings.
i. The arbitrator, in to the provisions of this Agreement. His authority shall be extended by mutual consent strictly limited to deciding only the issues presented to him in writing by the authorized representatives School District and the Association, and his decision must be based solely upon his interpretation of each partythe meaning or application of the express relevant language of the Agreement this opinion, shall not amend, modify, nullify, ignore, or add.
ii. At Level Three Each party shall bear the full costs for its representation in the grievance procedure.
iii. If either party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If both parties order a transcript, the cost of the two (2) transcripts shall be divided equally between the Board and above, the Association.
iv. Each party shall share equally the cost of the arbitrator and A.A.A.
▇. ▇▇▇▇▇▇▇▇▇ of the teacher or the Association to act on a grievance within the prescribed time limits will bar any further appeal. An Administrator’s counsel failure to give a decision within the time limits shall permit the grievance to proceed to the next step.
B. Any investigation, handling or processing of any grievance by the grievant shall be conducted so that the instructional programs and related work activities of the grievant or the teaching staff shall not be interrupted.
C. Step A of the grievance procedure may be presentbypassed and the grievance brought directly to Step B if mutually agreed upon by the employee and the Superintendent.
2D. Class grievances involving one (1) Hearing or more teachers or one (1) or more supervisors and grievances involving administrators above the building level may be initially filed by the Association at Step B.
E. The Board acknowledges the right of the teachers to have a local Association representative present, if the grievant requests one, at Step A and B, and any Association representative, if the grievant requests on, at Step C. No teacher shall be held after normal school hours.
3) Persons proper required to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative discuss any grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and if the Association representative and an answer to the grievance is not present, if one is requested.
▇. ▇▇ reprisals shall be given to taken by the grievant Board or Administration against a teacher because of his/her participation in writing within five (5) days after a grievance.
G. With the meeting. If the grievance is not settled at Level OneSuperintendent’s approval, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee Grievant and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance local representative may be submitted released from his/her assignment with loss of pay or benefits to arbitrationattend meetings specified in Section 10.2.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 2 contracts
Sources: Teacher Contract, Teacher Contract
Procedures. 1) The number of days indicated at each level should be considered as maximum parties acknowledge that a teacher and every effort should be made to expedite the processan Administrator may resolve problems through free and informal communications. The time limits may be extended by mutual consent informal disposition of problems in writing by no way prohibits the authorized representatives of each partyAssociation from filing a grievance nor does it establish a precedent. At Level Three and aboveHowever, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing a grievance shall be held after normal school hours.processed as follows:
3Step I. The grievant shall present the grievance in writing, signed, dated and specifying the remedy sought to the immediately involved administrator within ten (10) Persons proper days of the occurrence, or date the grievant had knowledge of the occurrence, whichever is later, stating the Article and Section of the Agreement alleged to be at hearings from Level Two on are defined as have been violated. The administrator will arrange for a meeting to take place within ten (10) days of receipt to the grievance. The Association's representative, the grievant, and the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative immediately involved administrator shall be present for the meeting. Within ten (10) days of the Board meeting, the grievant and the Association. A teacher Association shall be provided with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach Administrator's written response, including the immediate supervisor concerned and discuss reasons for the matter in his own behalfdecision.
b) He may request that a representative of Step II. If the grievance is not resolved at Step I, then the Association accompany him in approaching his immediate supervisor. In such case, shall refer the supervisor shall not initiate any consultation with grievance to the grievant prior to any scheduled meeting at which Superintendent or the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than Superintendent's official designee within ten (10) days after disclosure receipt of the facts giving rise Step I answer. The Superintendent shall arrange with the Association's representative for a meeting to the grievance. Within five take place within ten (510) days of the filing Superintendent's receipt of the formal grievance in writing a meeting shall take place between appeal. Within ten (10) days of the immediate supervisormeeting, the grievantAssociation shall be provided with the Superintendent's written response, and including the reasons for the decision.
Step III. If the Association representative and an answer is not satisfied with the disposition of the grievance at Step II, the Association may submit the grievance to binding arbitration with the American Arbitration Association, which shall act as the Administrator of the proceedings. If a demand for arbitration is not filed with the Board within thirty (30) days of the date of the Step II answer, then the grievance shall be given deemed withdrawn.
a. Neither the Board nor the grievant shall be permitted to assert any grounds or evidence before the arbitrator, which was not previously disclosed to the grievant other party.
b. The arbitrator shall have no power to alter the terms of this agreement.
c. Each party shall bear the full costs for its representation in writing the grievance procedure.
d. The fees and the expenses of the arbitrator shall be shared equally by the parties.
e. If only one party requests the presence of a court reporter, that party shall bear the cost of the reporter. If both parties request a court reporter, they shall share the costs.
f. If only one party requests the postponement of an arbitration hearing, that party shall bear the cost of such postponement.
Step IV. The arbitrator's decision within five thirty (530) days after of the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director date of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a his written decision on with the grievance within five (5) days thereafter findings of fact and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt conclusions of the Level Two decision by the grievant and the Association, law may be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt Circuit Court of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitrationClinton County.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum parties acknowledge that it is usually most desirable for an employee and every effort should his immediately involved supervisor to resolve problems through free and informal communications. An attempt shall be made to expedite resolve any grievance informally, through verbal discussion between the processcomplainant and his immediate supervisor or other administrator having direct jurisdiction over the problem. The time limits When requested by the employee, a representative may accompany the employee to assist the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined processed as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following waysfollows:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of Step 1: The employee or the Association accompany him in approaching his immediate supervisor. In such case, shall present the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on the required form to the immediately involved supervisor [a form provided by copy is in Appendix A]. The immediately involved supervisor shall arrange a meeting to take place within five (5) days after the Human Resources Departmentreceipt of the grievance. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the The grievant, one copy for his or her representative, the immediate immediately involved supervisor, and one a district representative shall be present for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievancemeeting. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisormeeting, the grievant, grievant and the Association representative and an answer shall be provided with the supervisor’s written response on the required form, including the reasons for the decision.
Step 2: If the grievance is not resolved to the satisfaction of the grievant at Step 1, the grievant may refer the grievance shall be given to the grievant in writing Director of Schools within five (5) days after the receipt of the Step 1 response or within ten (10) days after the Step 1 meeting, whichever is later. The Director shall arrange for a meeting to take place within five (5) davs of the Director’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) davs after the meeting, the grievant shall be provided with the Director’s written response, including the reasons for the decision.
Step 3: If the grievance is not settled resolved at Level OneStep 2 or the time limits expire without the issuance of the Director’s written reply, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene grievant may request a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision review by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association Education within seven (7) days after the hearingemployee receives the written decision or within ten (10) days after the time limits for Step 2 have expired. Within five This request shall be made in writing through the Director of Schools, who shall attach all related documents and forward the request to each member of the Board. The board, with counsel, shall review the grievance at a closed work session with the employee and representation. The Board shall render a decision in writing within ten (510) days of the grievance review. Copies of the decision of the Board of Education shall be sent to the aggrieved employee, to the Director of Schools, and to the Association.
Step 4: If the grievant is not satisfied with the disposition of the grievance at Step 4 or the time limits expire without the issuance of the Board’s written reply, the grievant may submit the grievance to an arbitrator selected from a list provided by the American Arbitration Association (AAA). Adopted by the Claiborne County Board of Education, the arbitration request and arbitrator selection shall comply with the Labor Arbitration Rules of the AAA. The Board and grievant shall share the fees and expenses of arbitration equally. The decision of the arbitrator shall be advisor only, but will be adopted unless specifically rejected by a majority of the total membership of the Board within thirty (30) days of receipt or the scheduling of a regular board meeting, whichever occurs first. Notification of rejection or adoption must be written, stating the date of consideration and the vote of the decision at Level Three, the grievance may be submitted to arbitrationBoard.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
Procedures. A. Step 1)
1. The number filing of days indicated at each level should be considered as maximum and every effort should be made to expedite a grievance form with Human Resources shall initiate the formal grievance process. The time limits may be extended by mutual consent in writing by Step 1 Management Representative shall schedule a meeting between the authorized representatives of each party. At Level Three and abovegrievant, the grievant’s ▇▇▇▇▇▇▇/AFSCME Employee Representative, and any other appropriate individual within fifteen (15) days following receipt of the grievance if no postponement is requested, or receipt of written notice that the grievant wishes to proceed with the Step 1 meeting if a postponement was previously requested. The grievant shall have the right to present any evidence in support of the grievance at this meeting. If the meeting does not result in resolution of the grievance, the Step 1 Management Representative will proceed with processing the grievance and issuing a written decision, stating the reasons therefore, to grievant’s ▇’s counsel may ▇▇▇▇▇▇/AFSCME Employee Representative within thirty (30) days following the conclusion of the meeting, unless an extension has been granted. If an extension was granted, the decision shall be presentissued by the agreed upon date. A copy of the decision and documents referenced in the decision shall be sent to the grievant and to the AFSCME Representative or to the AFSCME President if grievant elected not to be represented by AFSCME. The decision shall be transmitted by personal delivery with written documentation of receipt or by certified mail, return receipt requested.
2) Hearing . Where practicable, the Step 1 Management Representative shall make available to the grievant or grievant’s ▇▇▇▇▇▇▇/AFSCME Employee Representative, documentation referenced in the Step 1 decision prior to its issuance. All documents referred to in the Step 1 decision and any additional documents presented by the grievant shall be held after normal school hoursattached to the decision, together with a list of these documents. In advance of the Step 1 meeting, the grievant or the grievant’s ▇▇▇▇▇▇▇/AFSCME Employee Representative shall have the right, upon written request, to a copy of documents identified as relevant to the grievance.
3) Persons proper . In the absence of an agreement to be at hearings from Level Two on are defined as extend the period for issuing the Step 1 decision, the grievant may proceed to Step 2 if the grievant or the grievant, ’s ▇▇▇▇▇▇▇/AFSCME Employee Representative has not received the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative written decision by the end of the Board and 30th day following the Association. A teacher with a tentative grievance may initiate this procedure in one conclusion of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalfStep 1 meeting.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.B. Step 2
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting1. If the grievance is not settled satisfactorily resolved at Level OneStep 1, the Association may, grievant may file a written request for review with Human Resources within five thirty (530) days after said following receipt of the Step 1 decision by the grievant or the grievant’s ▇▇▇▇▇▇▇/AFSCME Employee Representative. The Step 2 Management Representative, grievant or the grievant’s AFSCME Staff Representative shall schedule a meeting for the purpose of reviewing the matter within fifteen (15) days following receipt of the request for review.
2. The Step 2 Management Representative shall issue a written decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shallreasons therefore, to the grievant or the grievant’s AFSCME Staff Representative within five thirty (530) days after receipt thereoffollowing the conclusion of the meeting. In the absence of an agreement to extend the period for issuing the Step 2 decision, convene a Level Two meeting between AFSCME may proceed to Step 3 if the Central Grievance Committee and AFSCME Staff Representative has not received the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on by the grievance within five (5) days thereafter and deliver it end of the 30th day following the conclusion of the Step 2 meeting. A copy of the decision shall be sent to the grievant and to AFSCME if the Associationgrievant elected not to be represented by AFSCME. The decision shall be transmitted by personal delivery with written documentation of receipt or by certified mail, return receipt requested.
C. Step 3 – Arbitration
1. If the grievance is not settled resolved at Level TwoStep 2, it may, AFSCME may appeal the decision to Arbitration on a Request for Arbitration Form within five thirty (530) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitrationdecision.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) 2. The Board and AFSCME may, by written agreement, submit related grievances for hearing before the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearingssamearbitrator.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by aggrieved person shall discuss the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be presentgrievance informally with the immediate supervisor.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as . If the grievant, aggrieved person is not satisfied with the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative disposition of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such casegrievance, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessfulhe/she shall, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within within five (5) days of school days, present the filing of the formal grievance in writing to the Superintendent. The submission to the Superintendent shall contain a meeting shall take place between statement setting forth:
(a) The nature of the immediate supervisorgrievance;
(b) The nature and extent of the loss, the grievantinjury or inconvenience, and the Association representative remedy requested;
(c) With respect to building service staff, the results of previous discussions and an answer to the stated dissatisfaction with the decision previously rendered.
3. The Superintendent shall investigate the grievance shall be given to the grievant and give his/her decision in writing within five (5) school days after to the meetingaggrieved person.
4. If the grievance aggrieved person is not settled at Level One, satisfied with the Association may, within five (5) days after said decision, notify the Director disposition of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources he/she shall, within five (5) days after receipt thereofschool days, convene request a Level Two meeting between the Central Grievance Committee and review by the Board’s Appeal Committee. The request shall be submitted in writing through the Superintendent, who shall attach all related papers and forward the request to the Board’s Appeal Committee shall give a written decision on the grievance within five . Within thirty (530) days thereafter the Board, or committee of the Board, shall view the grievance, hold a hearing with the aggrieved if requested, and deliver it to the grievant and the Associationrender its decision in writing.
5. If the grievance aggrieved person is not settled at Level Twosatisfied with the disposition of the grievance by the Board, it maythe aggrieved person, within five (5) school days after receipt of the Level Two decision or the expiration of the time by which a decision is to be rendered, whichever is sooner, may request in writing that the grievant and Association submit the Associationgrievance to advisory arbitration. If the Association determines that the grievance is meritorious, be appealed it may submit the grievance to the Board advisory arbitration by filing a written notice with notifying the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and fact in writing within ten (10) school days after receipt by the Association of the date, time, and place where such appeal will request to submit the grievance to advisory arbitration. Such application for advisory arbitration shall be heardmade to P.E.R.C.
6. The Board’s written decision arbitrator selected shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt confer with representatives of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party and begin hearings as soon as can be arranged. The arbitrator shall be permitted restricted to consider only the question or questions submitted to him. The arbitrator shall have authority only to interpret and apply the terms of this Agreement and shall not have any authority to alter in arbitration hearings to assert any ground way the terms and conditions of this Agreement or to rely on add any evidence provisions thereto. The arbitrator shall issue his/her recommendations within thirty (30) calendar days after he/she has concluded the hearings. The recommendations of the arbitrator shall be advisory only, not disclosed binding.
7. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.
8. To proceed beyond the Board, a grievance must be concerned only with the interpretation or application of the provisions of this Agreement, provided, however, in no event may a grievance proceed beyond the Board if it arises out of or relates to the other party prior to such hearingsinterpretation or application of any of the following provisions of this Agreement; ARTICLE XI; or ARTICLE XII.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 1) The adjustment of grievances shall be accomplished as rapidly as possible. To that end, the number of days indicated at within each level should step shall be considered as maximum and every effort should shall be made to expedite the process. The Under unusual circumstances, the time limits prescribed in this statement may be extended or reduced by the mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board grievant and persons by whom the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisoris being considered. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative instance additional time is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy necessary for the Associationgathering of needed information, one copy for the grievantsupporting data, one copy for the immediate supervisoror responses of witnesses, and one for the Human Resources Department. A formal grievance shall a reasonable extension will be filed as soon as possiblegranted, but in no event longer than not to exceed ten (10) days after disclosure additional days. Requests for additional time and mutual agreements for extension must be put in writing. The existence of this grievance procedure shall not preclude a/the certified employee(s) from formally discussing a grievant complaint with his/her/their principal prior to filing a grievance in an attempt to resolve the complaint. A/The grievant(s) may request a formal conference with his/her/their building principal or his designee. At the formal conference a written specific signed statement of the facts nature of the grievance, which describes the act, or event, or situation giving rise to the grievancegrievance including the time(s) and place(s) of the act, event, or situation and names of witnesses thereto will be presented. Within five The conference shall occur within three (53) days of the filing of the written request for a formal grievance in writing a meeting conference. The building principal or his designee shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given make his decision known to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearingdate of the formal conference. Within five (5) days of receipt of If the grievant does not appeal the decision at Level Three1 within seven (7) days, the right to appeal shall be automatically waived. In the event that the aggrieved party is not satisfied with the decision, or no decision has been rendered within seven (7) days after the formal conference, the grievant may, within seven (7) days, take the written grievance to the superintendent. Within three (3) days after receiving the written grievance, which shall include the details from ▇▇▇▇▇ ▇, the superintendent shall meet with the grievant. The superintendent shall within two (2) days after the date of the conference with the grievant make his decision known to the grievant in writing. If the aggrieved party is not satisfied with the disposition at Level 2, a written request within ten (10) days of the Level 2 response may be submitted to advisory arbitration.
a) The parties will select an arbitrator according . If the grievance involves the interpretation, meaning, or application of any provision of the negotiated agreement, the Association shall have the right to submit the grievance to advisory arbitration or directly to the provisions Board of Education. If the “Public Employee Relations Act.” The Association opts not to submit said grievance to advisory arbitration, the grievant(s) may do so at his/her expense. Within ten (10) days after written notice of submission to advisory arbitration, the Board or its designee and the grievant(s) or designee will agree on a mutually acceptable arbitrator. If an initial effort to agree on a mutually acceptable arbitrator shall render his decision in writing and both parties agree to be bound by does not succeed, the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither shall each prepare a list of three proposed arbitrators. A coin flip shall determine which party strikes the first name from the other party’s list. The single name remaining after five consecutive strikes shall be permitted the arbitrator. The parties agree to propose names of individuals known for objectivity. The advisory arbitrator will confer with the parties in arbitration interest and/or their representatives, hold hearings to assert any ground or to rely on any evidence not disclosed promptly, and/or take other actions, which s/he deems appropriate to the other party prior to such hearings.resolution of differences between parties in interest. In the event that a resolution of difference does not result from these proceedings, the advisory arbitrator shall write an advisory opinion within thirty
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
Procedures. In the event an adjunct faculty member or group of adjunct faculty members believes there is a basis for a grievance:
1) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by party or parties involved shall informally discuss the authorized representatives of each party. At Level Three and above, grievance with the division ▇▇▇▇▇▇▇▇’s counsel may be present▇ or designee.
2. If the grievance is not resolved through informal discussion, the grievant may invoke the formal grievance procedure by filing a signed written statement of the grievance with the Vice President for Academic Affairs within twenty-one (21) Hearing shall be held after normal school hoursworking days of its occurrence (or of the date when the adjunct faculty member or Federation became aware or should reasonably have become aware of the matter). This initiates Grievance Level One.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than Within ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) working days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisorgrievance, the grievant, Vice President for Academic Affairs (or designee) shall meet with the grievant and his/her Federation representative in an effort to resolve the Association representative and an answer to the grievance grievance. The Vice President for Academic Affairs (or designee) shall be given issue to the grievant and his/her Federation representative a decision in writing on the grievance within five ten (10) working days of the grievance meeting.
4. If the Federation is not satisfied with the disposition of the grievance by the Vice President for Academic Affairs (or designee), or if no disposition is made within the time limits in Level One, the Federation shall transmit the grievance to the President by filing a written copy thereof within ten (10) working days from the receipt of the decision (or of the failure to decide) of the Vice President for Academic Affairs. This initiates grievance Level Two.
5. The President shall have the option to meet (or designate another college official to meet) days after with the meetinggrievant and his/her Federation representative. The President (or designee) shall issue a decision on the grievance within fifteen (15) working days. If the grievance is not settled at Level Onedenied, the Association may, within five President (5or designee) days after said decision, notify shall state the Director of Human Resources that it intends to appeal the grievance, stating the grounds reasons for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Associationdoing so.
6. If the grievance Federation is not settled at Level Two, it may, within five (5) days after receipt satisfied with the disposition of the Level Two decision grievance by the grievant and President, the Association, grievance* may be appealed submitted to arbitration within ten (10) working days from the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days date of receipt of the decision at Level ThreePresident’s decision. To initiate arbitration, the Federation shall send a certified letter to the NJ Public Employment Relations Commission with a copy to the College President. No grievance concerning reappointment, promotion, or any grievance unrelated to this Agreement may be submitted advanced to arbitration. Decisions of the arbitrator with respect to grievances based on alleged misapplications, misinterpretations or violations of contract provisions dealing with professional responsibilities, workload or work assignments shall be advisory. Decisions of the arbitrator with respect to all other grievances shall be binding.
a7. The arbitrator shall submit a written decision within thirty (30) calendar days of the hearing. The parties will select an arbitrator according shall have no power to alter, modify, add to or subtract from the provisions of the “Public Employee Relations Act.” agreement; his/her authority shall be limited to deciding the disposition of an alleged violation of the express written terms of this Agreement. The arbitrator arbitrator’s fees and expenses shall render his decision in writing and both parties agree to be bound shared equally by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearingsFederation.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present▇ Education Association designates the Association President or his/her designee as the local agent responsible for processing grievances through Level Three.
21. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, within ten (10) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as days of its alleged occurrence, orally discuss the grievant, grievances with the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board building Principal and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisoran attempt to resolve the matter. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative If no resolution is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing obtained within five (5) school days after following the meetingdiscussion, the grievant shall express the grievance in writing and process in accordance with Level Two.
2. LEVEL TWO - If the meeting is with the school principal and the parties cannot agree, the grievance shall promptly be transmitted to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it transmitted directly to the grievant and Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the AssociationSuperintendent. If the grievance is not settled at Level Twoshall be denied by the Superintendent, it may, within five (5) days after receipt either upon review of the Level Two decision by action of the grievant and school principal or in the Associationfirst instance, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify answer the grievant grievance in writing and the Association of grievance with the date, time, and place where such appeal will be heard. The Board’s written decision answer shall be transmitted to the grievant and Association.
3. LEVEL THREE - If the Association within seven (7) days after the hearing. Within five (5) days of receipt decision of the decision at Level ThreeSuperintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitrationarbitration before an impartial arbitrator selected by the parties.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” a. The arbitrator shall render his decision be selected by the American Arbitration Association in writing accord with its rules which shall likewise govern the Arbitration hearing. The Board and both Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the Board and to the Association. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictionjurisdiction where such award does not conflict with or deny the powers and duties of the Board granted by Legislative Act.
b) b. If any teachers for whom a grievance is sustained shall be found to have been improperly reprimanded or improperly deprived of a position, or unjustly discharged, the arbitrator will have authority to reinstate the teacher, with full reimbursement for all compensation lost. The costs of any arbitration under this article shall be shared equally by the Board and the Association agree Association.
c. It is expressly understood that neither party the grievance procedure shall not apply to those matters from which statute authorizes specific remedy, such as the Tenure Teacher Act.
d. It is understood that the time limits are maximum and can be permitted extended with the written mutual consent of both parties. Both parties should be encouraged to process a grievance as rapidly as possible and within the limits and procedure as set forth herein. If the administration at any step fails to respond in arbitration hearings to assert any ground or to rely on any evidence not disclosed a timely manner, the grievance will be considered denied and may be moved to the other party next level. Failure of the grievant to meet any time limits will result in the grievance being considered as withdrawn.
e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship of any party, the Superintendent shall use his/her best efforts to process such grievance prior to such hearingsthe end of the school term or as soon thereafter as possible. If the grievance is processed to arbitration, the parties may submit the grievance to expedited arbitration under the rules of the American Arbitration Association.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum parties acknowledge that it is usually most desirable for an employee and every effort should be made the employee’s immediate supervisor to expedite resolve problems through informal and free communications. If, however, the process. The time limits informal process fails to satisfy the employee, a grievant may be extended accompanied by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of choice: Step One The employee or the Association accompany him in approaching his immediate supervisor. In such case, Union shall file the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for who shall certify by signature the Human Resources Departmentdate the grievance was received. A formal The written grievance shall be filed as soon as possiblestate the nature of the grievance, but in no event longer than shall note the specific clause or clauses of the Agreement, which are applicable, and shall state the remedy requested. The supervisor shall arrange for a meeting to take place with the grievant within ten (10) days after disclosure receipt of the facts giving rise to the grievance. Within The supervisor shall make a decision on the grievance and communicate it in writing to the grievant and the Superintendent within five (5) days of the filing of meeting. Step Two In the formal event a grievance in writing a meeting shall take place between the immediate supervisorhas not been satisfactorily resolved at Step One, the grievant, and grievant may present the Association representative and an answer grievance within ten (10) days to the grievance shall be given to Superintendent, who will follow the grievant same provisions as established in writing within five (5) days after the meetingStep One. Step Three If the grievance is not settled satisfactorily resolved at Level OneStep Two, the Association maygrievant shall file, within five ten (510) days after said decisionof receipt of the Superintendent’s decision at Step Two, notify a request for a hearing with the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appealBoard. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee Board shall give a written decision on the grievance within five (5) days thereafter and deliver it to meet with the grievant and the Association. If the grievance is not settled at Level Two, it may, within five fifteen (515) days after receipt of the Level Two decision by request for a hearing. The Board, or their designee, shall file an answer within ten (10) days of the hearing and communicate it in writing to the grievant and the AssociationSuperintendent. Step Four If the grievance is not satisfactorily resolved at Step Three, be appealed the grievance shall proceed to binding arbitration. The Union shall submit to the Board by filing Superintendent a written notice with request on behalf of the Superintendent stating Union and the grounds grievant to enter into binding arbitration. If a demand for appeal. A meeting with the Board shall occur binding arbitration is not filed within twenty (20) days following of receipt of such noticethe Step Three decision, and then the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision grievance shall be transmitted deemed withdrawn. Arbitration proceedings shall be conducted by an arbitrator to be selected by the grievant and two parties from a roster of arbitrators provided by the Association within American Arbitration Association. Within seven (7) days after the hearingUnion requests binding arbitration, the two parties will request the American Arbitration Association to provide a panel of arbitrators in accordance with their procedures. Within five (5) days The selection of receipt an arbitrator shall also be accomplished in accordance with AAA procedures. Expenses for the arbitrator’s services shall be borne equally by the District and the Union. The decision of the decision at Level Threearbitrator shall be final and binding on the parties. The arbitrator, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according in their opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the “Public Employee Relations Act.” Agreement. The arbitrator arbitrator’s authority shall render his decision be strictly limited to deciding only the issue or issues presented to them in writing and both parties agree to be bound by the award District and the Union, and their decision must be based solely and only upon their interpretation of the arbitrator and agree that judgment thereon may be entered in any court meaning or application of competent jurisdictionthe express relevant language of the Agreement.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum parties acknowledge that a Teacher and every effort should be made to expedite the processan Administrator may resolve problems through free and informal communications. The time limits may be extended by mutual consent informal disposition of problems in writing by no way prohibits the authorized representatives of each partyAssociation from filing a grievance nor does it establish a precedent. At Level Three and aboveHowever, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing a grievance shall be held after normal school hours.processed as follows:
33.2.1 STEP I - The grievant shall present the grievance in writing, signed, dated and specifying the remedy sought, to the immediately involved administrator within ten (10) Persons proper days of the occurrence, stating the Article and Section of the Agreement alleged to be at hearings from Level Two on are defined as have been violated. The administrator will arrange for a meeting to take place within ten (10) days of receipt of the grievance. The Association’s representative, the grievant, and the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative immediately involved administrator shall be present for the meeting. Within ten (10) days of the Board meeting, the grievant and the Association. A teacher Association shall be provided with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach administrator’s written response, including the immediate supervisor concerned and discuss reasons for the matter in his own behalfdecision.
b) He may request that a representative of 3.2.2 STEP II - If the grievance is not resolved at STEP I, then the Association accompany him in approaching his immediate supervisor. In such case, shall refer the supervisor shall not initiate any consultation with grievance to the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than Superintendent’s official designee within ten (10) days after disclosure receipt of the facts giving rise STEP I answer. The Superintendent shall arrange with the Association representative for a meeting to the grievance. Within five take place within (510) days of the filing Superintendent’s receipt of the formal grievance in writing a meeting shall take place between appeal. Within ten (10) days of the immediate supervisormeeting, the grievantAssociation shall be provided with the Superintendent’s receipt of the appeal. Within ten (10) days of the meeting, and the Association representative shall be provided with the Superintendent’s written response, including the reasons for the decision.
3.2.3 STEP III - If the Association is not satisfied with the disposition of the grievance at STEP II, the Association may submit the grievance to final and an answer to binding arbitration. The American Arbitration Association shall act as the administrator of the proceedings using the Voluntary Labor Arbitration Rules. If a demand for arbitration is not filed with the Board within thirty (30) days of the day of the Step II answer, then the grievance shall be given deemed withdrawn.
3.2.3.1 Neither the Board nor the grievant shall be permitted to assert any grounds of evidence before the arbitrator, which was not previously disclosed to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitrationparty.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” 3.2.3.2 The arbitrator shall render his decision have no power to alter the terms of this Agreement.
3.2.3.3 Each party shall bear the full cost for its representation in writing the grievance procedure.
3.2.3.4 The fees and both parties agree to be bound by the award expenses of the arbitrator and agree that judgment thereon may shall be entered in any court of competent jurisdictionshared equally by the parties.
b) The Board and 3.2.3.5 If only one party requests the Association agree presence of a court reporter, that neither party shall be permitted in bear the cost of the reporter. If both parties request a court reporter, they shall share the costs.
3.2.3.6 If only one party requests the postponement of an arbitration hearings to assert any ground or to rely on any evidence not disclosed to hearing, that party shall bear the other party prior to cost of such hearingspostponement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 1) The number parties acknowledge that it is usually most desirable for a faculty member and a faculty member's immediately involved supervisor to resolve problems through free and informal communications. When requested by the faculty member, an Association representative may accompany the faculty member to assist in the informal resolution of days indicated at each level should be considered as maximum and every effort should be made the grievance. If, however, the informal process fails to expedite satisfy the process. The time limits faculty member or the Association, a grievance may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined processed as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following waysfollows:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of A. Step One: The faculty member or the Association accompany him in approaching his immediate supervisor. In such case, may present the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on to the immediately involved supervisor, who will arrange for a form provided by meeting to take place within ten college days after receipt of the Human Resources Departmentgrievance. This form is shown in the Appendix 7 of this contract. This The grievance shall be filed in quadruplicate with one copy for submitted within fifteen college days of when the Associationoccurrence might reasonably have been ascertained. If the grievant requests, one copy for he/she may be accompanied to the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure meeting by a member of the facts giving rise to full-time faculty. If the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, Association is not the grievant, and if the faculty member accompanying the grievant is not a full member of the Association, the Association may have one of its full members as a representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after at the meeting. Within ten college days of the meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reason(s) for the decision.
B. Step Two: If the grievance is not settled resolved at Level Step One, then the Association may, may refer the grievance to the President of the College or designee within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) college days after receipt of the Level Two decision by the grievant and the AssociationStep One answer. The President, be appealed to the Board by filing a written notice or his/her designee, shall arrange with the Superintendent stating the grounds Association representative for appeal. A a meeting with the Board shall occur to take place within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) ten college days of receipt of the decision at Level Threeappeal. Within ten college days of the meeting, the grievance may Association shall be submitted to arbitrationprovided with a written response from the President or designee, including the reason(s) for the decision.
a) The parties will select an arbitrator according to C. Step Three: If the provisions Association is not satisfied with the disposition of the “Public Employee Relations Act.” grievance at Step Two or the time limits expire without the issuance of the President's or designee's written reply, the Association may submit the grievance to binding arbitration. The arbitrator shall render his decision in writing and both parties agree be selected from a panel or panels to be bound by secured from the American Arbitration Association (AAA). The arbitrator's award shall be binding. If a demand for arbitration is not filed within twenty college days after the date for the Step Two answer, then the grievance shall be considered withdrawn. In connection with any such arbitration, it is agreed as follows:
1. That the arbitrator shall have no power to alter or enlarge the terms of this Agreement;
2. Each party shall bear the full costs for its representation in the arbitration. The cost of the arbitrator and agree the AAA shall be divided equally between the parties;
3. If either party requests a transcript of the proceedings that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall bear the full costs of that transcript. If both parties order a transcript the cost shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to divided equally between the other party prior to such hearingsparties.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The following procedures are to be followed:
1) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by grievant will make the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper written complaint to be at hearings a building representative from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of building representative will, through free and informal communications, attempt to resolve the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Departmentproblem. This form is shown in would take place during the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of business day period before the filing of grievance proceeds to step two.
2. The grievant and/or representative from the formal grievance in writing Grievance Committee will make a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer written complaint to the grievance shall be given to the grievant in writing principal within five (5) business days after of the meetinggrievance.
3. If the grievance is principal does not settled at Level One, the Association may, produce a written response within five (5) days business days, the grievance will proceed to step four. If grievant and the principal both agree, more time may be allowed to reach a solution (maximum of 5 extra days, for a total of 10 days).
4. If no written response has been received after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) business days from the principal, or the proposed solution is not acceptable to the grievant, then the grievant and/or representative from the Grievance Committee, will present the written grievance to the Superintendent.
5. If no proposed solution has been received after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) business days thereafter from five days from the Superintendent’s receipt of the grievance from the Superintendent, or the proposed solution is not acceptable to the grievant, then the grievant and/or representative from the Grievance Committee, will present the written grievance to the School Board. The grievant, principal, grievance committee and deliver it Superintendent will present all pertinent information and documents relating to the issue to the School Board at the next scheduled Board meeting during executive session. During this session, the Board, the grievant and the AssociationGrievance Committee will discuss the problem.
6. The Board, at the next regular meeting, or duly called meeting, will take the matter under advisement and will respond with a solution, in written form, within ten (10) business days.
7. If the grievance Grievant is not settled satisfied with the response of his/her Grievance at Level Twolevel #6 of this article, it mayor if there is no response within ten (10) days, within five (5) days after receipt of the Level Two decision by the grievant and the Association, Grievance may be appealed referred to the Board by filing a written notice with the Superintendent stating the grounds for appealChairperson or his/her designee. A meeting with Thereafter, the Board Chairperson shall occur within twenty convene a panel consisting of three (203) days following receipt of such noticepersons; one (1) designated by the Board Chairman, one (1) designated by the Grievant, and one 91) agreed upon by the Superintendent two (2) appointed members for the purpose of reviewing the Grievance. No member of the panel shall promptly notify have an interest in the grievant underlying allegation nor shall such individual be a family member (as defined in Sick Leave) of the Grievant.
8. At the next regularly scheduled Board Meeting, the Board Chairman shall report to the Board the findings of the grievance Panel and the Association Board will address such findings in the official records of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitrationDistrict.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 2 contracts
Sources: Master Contract, Master Contract
Procedures. 1) 7.3.1 The number of days indicated at each level should of this procedure shall be considered as maximum and every effort should shall be made to expedite the process. .
7.3.2 Grievance proceedings shall not be conducted in accordance with the rules of civil procedure.
7.3.3 If the College fails to comply in writing or with its time limit requirements as set forth under any of the procedure steps, the grievance shall be considered automatically appealed to the next level of the procedure.
7.3.4 If the grievant fails to comply with the grievant’s time limit requirements, as set forth under any of the procedure’s steps, the grievance shall be considered null and void.
7.3.5 The time limits set forth herein may be extended by mutual consent provided the extension has been mutually agreed upon in writing by the authorized representatives parties.
7.3.6 A grievance shall not be considered unless the grievant initiates the grievance no later than twenty 20 days after the grievant knew or reasonably should have known of each the alleged violation that precipitated the grievance.
7.3.7 No reprisal or retaliation shall be taken against any person who participates in this procedure.
7.3.8 A grievant may be accompanied and represented by one Union representative and the charged-party may be represented by a person of the charged-party’s choice at any hearing or meeting conducted under this procedure.
7.3.9 An employee, acting individually, may present a grievance without the intervention of the Union, provided the grievance has been processed in accordance with this procedure. The grievant shall be responsible for notifying the Union in writing that a grievance is being filed. At Level Three any hearing or meeting related to a grievance brought individually by an employee, the Union shall be notified by the grievant of the hearing in advance and above, ▇▇▇▇▇▇▇▇’s counsel may afforded the opportunity to be presentpresent and make its views known. Any adjustment made shall be consistent with the provisions of this Agreement.
2) Hearing shall be held after normal school hours.
3) Persons proper 7.3.10 All documents related to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed maintained in quadruplicate with one copy for a separate grievance file. This provision does not include disciplinary actions and/or documents that are the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance subject of a grievance.
7.3.11 Grievances shall be filed as soon as possible, but processed at times other than during an employee’s scheduled class time or times when there is a school or department meeting or an Academic Affairs or College-wide meeting where attendance is mandatory.
7.3.12 All decisions shall be submitted in no event longer than ten (10) days after disclosure writing at each step of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, procedure and the Association representative and an answer to the grievance decision shall be given submitted to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to both the grievant and the AssociationUnion.
7.3.13 Grievances shall be filed on forms provided by the College – and shall be attached hereto.
7.3.14 The parties shall maintain confidentiality for all grievance proceedings and for documents required by law to be kept confidential. If a grievant or the grievance is not settled at Level TwoUnion violates this provision, it may, within five (5) days after receipt of the Level Two decision this action will be a waiver by the grievant and or Union of any confidentiality right the Association, be appealed grievant may have that is related to the Board by filing grievance.
7.3.15 The parties to a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties mutually agree to be bound by toll the award of the arbitrator and agree that judgment thereon may be entered procedure’s time limits in any court of competent jurisdictionaccordance with sub-paragraph 7.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should . First Step: An attempt will be made to expedite resolve any grievance in informal, verbal discussion between complainant, accompanied by an Association representative if requested by the processcomplainant, and his/her immediate superior. The time limits may Association will be extended by mutual consent in writing informed by the authorized representatives administration of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be presentthe outcome achieved at this step.
2. Second Step: If grievance cannot be resolved informally, grievant(s) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as will file the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by with the Human Resources Departmentprincipal. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than Within ten (10) days after disclosure such written grievance is filed, the aggrieved, representative of the facts aggrieved as desired, and the principal will meet to resolve the grievance. The written grievance must state the nature of the grievance, note the specific clause or clauses of the Agreement allegedly violated, and state the remedy requested. Any grievance filed by the Association or a group of teachers must specifically state by name each teacher included within the grievance, the nature of the grievance and the remedy sought for each such teacher at the Step 2 meeting. The filing of the grievance at the second step must be within twenty-five (25) days from the date of the occurrence of the event giving rise to the grievance. Within , except for grievances pertaining to payroll which must be filed within thirty-five (535) days of the filing receipt of the formal grievance initial paycheck involved in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene principal or other administrator who has authority to make a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance will make such decision and communicate it in writing to the teacher(s) and the Superintendent within five ten (510) days thereafter and deliver it to of the grievant and second step meeting, with a summary of reasons for the Associationdecision.
3. If Third Step: In the event a grievance has not been satisfactorily resolved at the second step, the grievant(s) will file, within ten (10) days of the principal’s written decision or answer at the second step, a copy of the grievance is not settled at Level Two, it may, within five with the Superintendent. Within ten (510) days after receipt such written grievance is filed, the aggrieved, representative of the Level Two decision by aggrieved as desired, the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, principal and the Superintendent shall promptly notify or designee, will meet to resolve the grievant and the Association of the date, time, and place where such appeal will be heardgrievance. The Board’s written decision shall be transmitted to the grievant and the Association Superintendent, or designee, will file an answer within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.ten
Appears in 2 contracts
Sources: Professional Negotiations Agreement, Professional Negotiations Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present▇ Education Association designates the association President or his/her designee as the local agent responsible for processing grievances through Level Three.
21. LEVEL ONE – A member – group of members, or the Association believing that there has been a violation shall, within ten (10) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as days of its alleged occurrence, orally discuss the grievant, grievances with the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board building Principal and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisoran attempt to resolve the matter. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative If no resolution is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing obtained within five (5) school days after following the meetingdiscussion, the grievant shall express the grievance in writing and process in accordance with Level Two.
2. LEVEL TWO - If the meeting is with the school principal and the parties cannot agree, the grievance shall promptly be transmitted to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it transmitted directly to the grievant and Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the AssociationSuperintendent. If the grievance is not settled at Level Twoshall be denied by the Superintendent, it may, within five (5) days after receipt either upon review of the Level Two decision by action of the grievant and school principal or in the Associationfirst instance, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify answer the grievant grievance in writing and the Association of grievance with the date, time, and place where such appeal will be heard. The Board’s written decision answer shall be transmitted to the grievant and Association.
3. LEVEL THREE - If the Association within seven (7) days after the hearing. Within five (5) days of receipt decision of the decision at Level ThreeSuperintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitrationarbitration before an impartial arbitrator selected by the parties.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” a. The arbitrator shall render his decision be selected by the American Arbitration Association in writing accord with its rules which shall likewise govern the Arbitration hearing. The Board and both Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the Board and to the Association. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictionjurisdiction where such award does not conflict with or deny the powers and duties of the Board granted by Legislative Act.
b) b. If any ancillary staff member for whom a grievance is sustained shall be found to have been improperly reprimanded or improperly deprived of a position, or unjustly discharged, the arbitrator will have authority to reinstate the ancillary staff member, with full reimbursement for all compensation lost. The costs of any arbitration under this article shall be shared equally by the Board and the Association agree Association.
c. It is expressly understood that neither party the grievance procedure shall not apply to those matters from which statute authorizes specific remedy, such as the Tenure Teacher Act.
d. It is understood that the time limits are maximum and can be permitted extended with the written mutual consent of both parties. Both parties should be encouraged to process a grievance as rapidly as possible and within the limits and procedure as set forth herein. If the administration at any step fails to respond in arbitration hearings to assert any ground or to rely on any evidence not disclosed a timely manner, the grievance will be considered denied and may be moved to the other party next level. Failure of the grievant to meet any time limits will result in the grievance being considered as withdrawn.
e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship of any party, the Superintendent shall use his/her best efforts to process such grievance prior to such hearingsthe end of the school term or as soon thereafter as possible. If the grievance is processed to arbitration, the parties may submit the grievance to expedited arbitration under the rules of the American Arbitration Association.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present▇ Education Association designates the Association President or his/her designee as the local agent responsible for processing grievances through Level Three.
21. LEVEL ONE – A member – group of members, or the Association believing that there has been a violation shall, within ten (10) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as days of its alleged occurrence, orally discuss the grievant, grievances with the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board building Principal and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisoran attempt to resolve the matter. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative If no resolution is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing obtained within five (5) school days after following the meetingdiscussion, the grievant shall express the grievance in writing and process in accordance with Level Two.
2. LEVEL TWO - If the meeting is with the school principal and the parties cannot agree, the grievance shall promptly be transmitted to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it transmitted directly to the grievant and Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the AssociationSuperintendent. If the grievance is not settled at Level Twoshall be denied by the Superintendent, it may, within five (5) days after receipt either upon review of the Level Two decision by action of the grievant and school principal or in the Associationfirst instance, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify answer the grievant grievance in writing and the Association of grievance with the date, time, and place where such appeal will be heard. The Board’s written decision answer shall be transmitted to the grievant and Association.
3. LEVEL THREE - If the Association within seven (7) days after the hearing. Within five (5) days of receipt decision of the decision at Level ThreeSuperintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitrationarbitration before an impartial arbitrator selected by the parties.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” a. The arbitrator shall render his decision be selected by the American Arbitration Association in writing accord with its rules which shall likewise govern the Arbitration hearing. The Board and both Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the Board and to the Association. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictionjurisdiction where such award does not conflict with or deny the powers and duties of the Board granted by Legislative Act.
b) b. If any ancillary staff member for whom a grievance is sustained shall be found to have been improperly reprimanded or improperly deprived of a position, or unjustly discharged, the arbitrator will have authority to reinstate the ancillary staff member, with full reimbursement for all compensation lost. The costs of any arbitration under this article shall be shared equally by the Board and the Association agree Association.
c. It is expressly understood that neither party the grievance procedure shall not apply to those matters from which statute authorizes specific remedy, such as the Tenure Teacher Act.
d. It is understood that the time limits are maximum and can be permitted extended with the written mutual consent of both parties. Both parties should be encouraged to process a grievance as rapidly as possible and within the limits and procedure as set forth herein. If the administration at any step fails to respond in arbitration hearings to assert any ground or to rely on any evidence not disclosed a timely manner, the grievance will be considered denied and may be moved to the other party next level. Failure of the grievant to meet any time limits will result in the grievance being considered as withdrawn.
e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship of any party, the Superintendent shall use his/her best efforts to process such grievance prior to such hearingsthe end of the school term or as soon thereafter as possible. If the grievance is processed to arbitration, the parties may submit the grievance to expedited arbitration under the rules of the American Arbitration Association.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Procedures. 1A grievant and a Union Representative (if the grievant so desires) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite shall first discuss the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as grievance with the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association's immediate administrative superior. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss STEP I STEP II STEP III If the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall is not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within satisfactorily adjusted within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisorwork days, the grievant, and the Association representative and an answer to the grievance grievant shall be given to the grievant submit it in writing within five (5) work days after to the meetinggrievant's immediate administrative superior. If Such written grievance must be filed within ten (10) work days of the grievance is not settled at Level Onedate that the grievant should have been logically aware of the act or circumstances giving rise to the grievance, except that an extension shall be granted ifmutually agreed-upon and reduced to writing. The administrative supervisor shall meet with the Association maygrievant and a Union representative and must render his/her decision in writing, with copies to the grievant and the Union, within five (5) work days after said decisionof the meeting with the grievant. Failing satisfactory settlement within such time limit, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, grievant may within five (5) work days after receipt thereofappeal in writing to the Superintendent, convene a Level Two meeting between and such writing shall set forth specifically the Central Grievance Committee and basis of the Board’s Appeal Committeegrievance. The Board’s Appeal Committee Superintendent or his/her designee shall give meet with the grievant and a written decision on the grievance Union representative within five (5) work days thereafter of receipt by him/her of such appeal and deliver it shall give his/her decision in writing to the grievant and the Association. If the grievance is not settled at Level Two, it may, Union within five (5) work days of such meeting. Board of Education Failing satisfactory settlement within such time limit, the grievant may within seven (7) work days after receipt of the Level Two Superintendent's decision by at Step 2 appeal in writing to the Board, and such writing shall set forth specifically the basis of the grievance. The full Board, or a committee of the Board, shall meet with the grievant and a Union representative at its next regular scheduled meeting or a special meeting within thirty (30) calendar days from the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, date the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.was
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 1A member(s) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher bargaining unit with a tentative an alleged grievance may initiate this the grievance procedure in one (1) of the following waysways listed at LEVEL I. LEVEL I:
a) He 1. He/she may approach the immediate supervisor administrator immediately concerned and discuss the matter in his on his/her own behalf.
b) He 2. He/she may request that a representative of the Association accompany him him/her in approaching his immediate supervisorthe administrator, and the Association representative may speak on behalf of the grievant if desired. In such case, the supervisor The administrator shall not initiate any consultation with the grievant prior to any the scheduled meeting at which the Association representative is to may be present.
c3. The above grievance need not be in writing and will remain confidential.
4. If the grievance is not resolved within five (5) In days of the event that steps “a” or “b” are unsuccessfulinformal claim at LEVEL I, the teacher grievant may file a formal request the Association Grievance Committee to continue with the grievance. If the committee agrees, the Association becomes the grievant and will continue with the grievance by proceeding to Level II. However, no grievance shall proceed to Level II unless it is an Association grievance. If the committee decides not to proceed with the grievance, the grievance will be withdrawn without prejudice or record. LEVEL II:
1. The grievant shall within five (5) days submit copies of the grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for to the immediate administrator/supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance.
2. Within five (5) days of the filing receipt of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee immediate administrator/supervisor shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice meet with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearinggrievant.
3. Within five (5) days of the meeting, the immediate administrator/supervisor shall write a disposition of the grievance and return a copy to the grievant (Association), the grieving employee, and the Superintendent.
4. If the grievant is not satisfied with the disposition of the grievance at LEVEL II, the grievant may pursue the grievance further by proceeding to LEVEL III. LEVEL III:
1. The grievant shall within ten (10) days of the disposition at LEVEL II, submit the grievance in writing to the Superintendent or his/her designee.
2. Within ten (10) days of the receipt of the decision at Level Threewritten grievance, the Superintendent or his/her designee shall meet with the grievant.
3. Within ten (10) days of this meeting, the superintendent or his/her designee shall write a disposition of the grievance and forward copies to the grievant (Association), the grieving employee, and the immediate administrator/supervisor.
4. If the grievant is not satisfied with the disposition of the grievance at LEVEL III, the grievant may be submitted pursue the grievance further by proceeding to LEVEL IV. LEVEL IV.
1. The Association shall notify the Superintendent by certified mail, with return receipt requested, within ten (10) days after receipt of the LEVEL III disposition that it intends to submit the grievance to arbitration.
a2. Within ten (10) The days following the receipt of the written request for arbitration, the superintendent or designee and the Association or representative shall mutually petition the American Arbitration Association (AAA) to provide both parties will select with a list of seven (7) names from which an arbitrator according to will be selected by the provisions alternate strike method and notified in accordance with the rules of the “Public Employee Relations ActAAA.”
a. A second list of seven (7) names may be requested by either party.
b. The toss of a coin shall determine who strikes first.
3. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules and regulations of the AAA.
4. The arbitrator shall render his hold the necessary hearing promptly and issue a decision within such time as may be agreed upon by the parties involved.
5. The decision shall be in writing and both a copy sent to all parties agree to be bound by present at the award hearing.
6. The decision of the arbitrator and agree that judgment thereon may shall be entered in any court of competent jurisdiction.
b) The binding on the Board and the Association agree that neither party Association. The arbitrator shall have no authority to alter, add, or subtract from terms and conditions of this agreement.
7. The costs of the arbitrator shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to shared equally by the other party prior to such hearingsAssociation and the Board.
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every Step #1 — Every reasonable effort should shall be made to expedite resolve any potential grievance through informal discussion with the processimmediate supervisor and/or administrator whose determination or conduct is in question. If such informal discussion shall not resolve the issue and a formal grievance shall thereafter be filed, such discussion including any efforts to compromise the issue shall be treated in a confidential manner. Step #2 — If the grievance cannot be resolved informally, the aggrieved may file the grievance in writing with his/her principal. The time limits may be extended by mutual consent in writing by Step #3 — In the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be event a grievance has not been satisfactorily resolved at hearings from Level Two on are defined as the grievantsecond step, the Central Grievance Committeeaggrieved employee shall file, Board’s Appeal Committeewithin seven (7) days, witnesses and of the principal's written decision or answer at the second step, a designated copy of the grievance with the Superintendent. Within seven (7) days after such written grievance is filed, the aggrieved, representative of the Board aggrieved as desired, the principal and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in Superintendent or his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such casedesignee, the supervisor shall not initiate any consultation with the grievant prior meet to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to resolve the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting The Superintendent or his designee shall take place between the immediate supervisor, the grievant, and the Association representative and file an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after of the hearingthird step grievance meeting and communicate it in writing to the employee, the principal, and the Association. Within five Step #4 — If the grievance is not resolved satisfactorily, the Association may refer the grievance to arbitration by giving written notice to the Superintendent within fifteen (515) days of receipt the Step #3 answer. The arbitrator shall be selected from panel(s) to be secured from the American Arbitration Association which shall act as administrator of the decision at Level Three, the grievance may be submitted to arbitration.
a) proceedings. The parties will select an may by mutual agreement submit more than one grievance to the same arbitrator. The arbitrator according shall have no right or authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of the “Public Employee Relations Act.” this agreement. The arbitrator shall render his arbitrator’s decision in writing and both parties agree to must be bound by the award based solely upon his/her interpretation of the arbitrator and agree that judgment thereon may be entered in any court meaning or application of competent jurisdiction.
b) the express relevant provision of this Agreement. The Board and the Association agree that neither party arbitrator's decision shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearingsbinding.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should A. First Step An attempt will be made to expedite resolve any grievance in informal, verbal discussion between the processgrievant and his/her immediate superior. The time limits grievant may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be presentbypass this first step if he/she chooses.
2) Hearing shall B. Second Step If the grievance cannot be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievantresolved informally, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of grievant will file the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than within ten (10) days after disclosure receipt of the facts written grievance, the principal will meet with the grievant to discuss the matter. The written grievance will state the nature of the grievance, will note the clause or clauses of the Agreement allegedly violated, and will state the remedy requested. The filing of the grievance at the second step must be within twenty (20) days from the date of the occurrence of the event giving rise to the grievance. Within five (5) days of The principal or other administrator who has authority to make a decision about the filing of the formal grievance will make such decision and communicate it in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Superintendent within ten (10) days. The grievant, upon request to the Association. If , may have a local Association building representative present.
C. Third Step In the event a grievance has not been satisfactorily resolved at the Second Step, the grievant will file, within ten (10) school days of the principal's written decision or answer at the Second Step, a copy of the grievance is not settled at Level Two, it may, within five with the Superintendent. The grievant will send a copy of such grievance to the Association President. Within ten (510) days after receipt such written grievance is filed, the grievant, a representative of the Level Two decision grievant (should a representative be requested by the grievant grievant), the principal, and the Superintendent (or designee), will meet to resolve the grievance. The Superintendent (or designee) will file an answer within ten (10) days of the third step grievance meeting and communicate it in writing to the grievant, the principal, and the Association President.
D. Fourth Step If the Association is not satisfied with the Superintendent’s answer at Step Three, or if the time limits expire without the issuance of the Superintendent’s written reply, then the Association may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association (AAA), which will act as the administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of the date of the Superintendent’s answer at Step Three, then the grievance will be deemed withdrawn.
1. The arbitrator, in his opinion, will not amend, modify, nullify, ignore, or add to the provision of the Agreement. His/Her authority will be strictly limited to deciding only the issue or issues presented to him/her in writing by the School Board and the Association, and his/her decision must be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association based solely upon his/her interpretation of the date, time, and place where such appeal meaning or application of the express relevant language of the Agreement.
2. Each party will be heardbear the full costs for its representation in the arbitration. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award cost of the arbitrator and agree that judgment thereon may the AAA will be entered in any court of competent jurisdiction.
b) The divided equally between the Board and the Association agree Association.
3. If either party requests a transcript of the proceedings, that neither party shall will bear the full costs of that transcript. If both parties order a transcript, the cost of the two transcripts will be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to divided equally between the other party prior to such hearingsBoard and the Association.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 1) The number parties acknowledge that it is usually most desirable for an employee and the employee’s immediate involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of days indicated at each level should be considered as maximum and every effort should be made the grievance. If, however, the informal process fails to expedite satisfy the process. The time limits employee or the Association, a grievance may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined processed as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following waysfollows:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of a. Step I – The employee or the Association accompany him in approaching his immediate supervisor. In such case, may present the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on to the building principal within ten (10) days of the event. The building principal will arrange for a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than meeting to take place within ten (10) days after disclosure receipt of the facts giving rise to grievance. The Association’s representative, the grievancegrievant, and the principal shall be present for the meeting. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisormeeting, the grievant, grievant and the Association representative and an answer shall be provided with the principal’s written response, including the reasons for the decision.
b. Step II – If the grievance is not resolved at Step I, then the grievant or the Association Representative may refer the grievance to the grievance Superintendent or his assignee with ten (10) days after the receipt of the Step I answer. The Superintendent shall be given to arrange with the grievant in writing or the Association representative for a meeting to take place within five (5) days after of the Superintendent’s receipt of the appeal. Each party shall have the right to representation. Within ten (10) days of the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify shall be provided with the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the BoardSuperintendent’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with Each party shall have the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted right to the grievant and the Association within seven (7) days after the hearingrepresentation. Within five ten (510) days of receipt the meeting, the Association shall be provided with the Superintendent’s written response, including the reasons for the decision.
c. Step III – If the association is not satisfied with the disposition of the decision grievance at Level ThreeStep II, the Association may submit the grievance may to final and binding arbitration through 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 II answer, then the grievance shall be submitted to arbitrationdeemed withdrawn.
a) The parties will select an arbitrator according to 1. Neither the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and nor the Association agree that neither party shall be permitted in arbitration hearings to assert any ground grounds or to rely on any evidence before the arbitrator which was not previously disclosed to the other party prior party.
2. The arbitrator shall have no power to such hearingsalter the terms of this agreement.
3. The fees and the expenses of the arbitrator shall be shared equally.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 1) The number parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of days indicated at each level should be considered as maximum and every effort should be made the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to expedite satisfy the process. The time limits teacher or the Association, a grievance may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined processed as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following waysfollows:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of a. The teacher or the Association accompany him in approaching his immediate supervisor. In such case, may present the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by to the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate immediately involved supervisor, and one who will arrange for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) a meeting to take place within 10 teacher work days after disclosure the receipt of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisorThe Association's representative, the grievant, and the Association representative and an answer to the grievance shall immediately involved supervisor may be given to the grievant in writing within five (5) days after present for the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work days of the meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reasons for the decision.
b. If the grievance is not settled resolved at Level OneStep A, then the grievant or the Association may refer the grievance to the superintendent or the superintendent's official designee within 10 teacher work days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the appeal. Each party shall have the right to include in its representation such witnesses or counselors as it deems necessary. The purpose of the meeting is to resolve the issue. Within 10 teacher work days of the meeting, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee grievant shall give a be provided with the superintendent's written decision on response, including the grievance within five (5) days thereafter and deliver it to reasons for the grievant and the Association. decision.
c. If the grievance is not settled resolved at Level Two, it may, Step B then the grievant or the Association may refer the grievance to the Board of Education within five (5) 10 teacher work days after the receipt of the Level Two decision Step B answer or within 20 teacher work days after the Step B meeting, whichever is the later. The Board of Education will hear all grievance appeals at the next regularly scheduled Board of Education meeting. Each party shall have the right to include in its representation such witnesses or counselors as it deems necessary. Within 10 teacher work days of the meeting, the Association and the grievant shall be provided with the Board of Education's written response, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawn.
1. The arbitrator shall have no power to alter the terms of this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him by the grievant Board and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written his/her decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt based only upon interpretation of the decision at Level Three, meaning or the grievance may be submitted to arbitrationapplication of the express relevant language of this Agreement.
a) 2. Each party shall bear the full cost for its representation in the arbitration. The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award cost of the arbitrator and agree that judgment thereon may shall be entered in any court of competent jurisdictiondivided equally between the parties.
b) The Board and 3. If either party requests a transcript of the Association agree proceedings, that neither party shall bear the full cost of the transcript. If both parties order a transcript, the cost of the 2 transcripts shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed divided equally between the parties. If a copy of the transcript is furnished to the other party prior to arbitrator, the cost of such hearingsshall be divided equally by the parties.
Appears in 2 contracts
Sources: Master Contract, Master Contract
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) A. In the event that steps “a” or “b” are unsuccessfula grievant believes there is a basis for a grievance, the teacher grievant may file a first discuss the alleged grievance with his/her principal or other appropriate supervisor either personally or accompanied by his/her Association representative.
B. Any employee may present his/her grievance to the District and have such grievance adjusted without the intervention of the Association, as long as the Association has been given an opportunity to be present at that adjustment and to make its views known, and as long as the adjustment is not inconsistent with the terms of this Agreement.
C. If the grievance is not resolved in A or B above, formal grievance procedures may be instituted.
STEP 1. The grievant may invoke the formal grievance procedure through the Association on the grievance form which will be available from the Association representative in writing on each building. A copy of the grievance form shall be delivered to the principal or appropriate supervisor. If the grievance involves more than one (1) school building, it may be filed with the Superintendent or a form provided representative designated by the Human Resources DepartmentSuperintendent. This form A grievance must be filed within twenty (20) days of the occurrence or knowledge of the event of which he/she complains.
STEP 2. If the grievant is shown in not satisfied with the Appendix 7 disposition of this contract. This the grievance, the grievance shall be filed in quadruplicate with one copy for transmitted to the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources DepartmentSuperintendent within five (5) days. A formal grievance shall be filed as soon as possible, but in no event longer than Within ten (10) days after disclosure upon receipt the Superintendent or acting superintendent shall meet with the grievant and his/her Association representative on the grievance and shall indicate his/her disposition of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after of such meeting, and shall furnish a copy thereof to the meetinggrievant(s) and to the Association.
STEP 3. If the grievance grievant is not settled at Level Onesatisfied with the disposition of the grievance by the superintendent, the grievance shall be transmitted to the Chairman of the School Board within five (5) days. Within ten (10) days upon receipt the Board shall meet with the grievant and his/her Association may, representative on the grievance and shall indicate the disposition of the grievance in writing within five (5) days after said decisionof such meeting, notify and shall furnish a copy thereof to the Director grievant(s) and to the Association.
STEP 4. If the grievant is not satisfied with the disposition of Human Resources that it intends to appeal the grievance by the Board, the grievance, stating only at the grounds for such option of the Association, may be submitted before an appealimpartial arbitrator. The Director Association shall exercise its rights of Human Resources shall, arbitration by giving the Superintendent written notice of its intention to arbitrate within ten (10) days of receipt of the written disposition of the Board. If the parties cannot agree to the arbitrator within five (5) days after receipt thereoffrom the notification date that arbitration will be pursued, convene a Level Two meeting between the Central Grievance Committee and arbitrator shall be selected by the Board’s Appeal CommitteeAmerican Arbitration Association in accordance with its rules, which rules shall likewise govern the arbitration proceeding. The Board’s Appeal Committee parties shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert in such arbitration proceeding any ground rule or to rely on any evidence not disclosed to presented at an earlier step. The decision of the other party prior to such hearingsarbitrator shall be final and binding upon both parties.
Appears in 2 contracts
Sources: Collective Bargained Agreement, Collective Bargained Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every 9.4.1 Step 1 Every effort should shall be made to expedite resolve grievances or potential grievances through free and informal communications between the processgrievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment of the grievance, the grievant may proceed to Step 2.
9.4.2 Step 2 The grievant or, at his request, the Association on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the form. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committeehis immediate supervisor, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association, unless the Association accompany him in approaching his immediate supervisorwaives its right to have its representative present, shall attend the meeting. In such caseaddition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting.
9.4.3 Step 3 If the grievance is not initiate any consultation adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 and with representatives of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for unless the grievantAssociation or the employee waives its right to have representatives attend the meeting, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than within ten (10) days after disclosure the grievance has been referred to him. Both the
9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the facts giving rise to Superintendent has not provided a written decision within the grievance. Within five (5) days of the filing of the formal grievance time prescribed in writing a meeting shall take place between the immediate supervisorStep 3, then the grievant, and or the Association representative and an answer acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting prescribed in Step 3 is held, the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appealdeemed withdrawn. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur meet within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.ten
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
Procedures. 1) The number parties hereto acknowledge that it is usually most desirable for an employee and his/her immediately involved supervisor to resolve problems through free and informal communications held outside the employee's work day. When requested by the employee, a Union representative may accompany the employee to assist in the informal resolution of days indicated at each level should be considered as maximum and every effort should be made the grievance. If, however, the informal process fails to expedite satisfy the process. The time limits employee or the Union, a grievance may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative processed within 30 days of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts incident giving rise to the grievance. Within five grievance as follows:
A. The grievant may present the grievance in writing listing the desired resolution to the grievance to the immediately involved supervisor who will arrange for a meeting to take place within six (56) days of the filing receipt of the formal grievance in writing a meeting shall take place between the immediate supervisorgrievance. The Union’s representative, the grievant, and the Association representative and an answer to the grievance immediately involved supervisor shall be given to the grievant in writing within five (5) days after present at the meeting. Within six (6) days following the meeting, the grievant and the Union shall be provided with the supervisor's written response including the reason(s) for the decision or the grievant may proceed to the next step.
B. If the grievance is not settled resolved at Level Onestep "A", then the Association may, within five (5) days after said decision, notify grievant may refer the Director written grievance listing the desired resolution of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, building principal or his official designee within five six (56) days after receipt of the Level Two decision by step "A" answer, or within six (6) days after the answer should have been received; the grievance shall be deemed withdrawn where it is not submitted to the building principal within said six (6)- day period. The principal shall arrange with the grievant and the Association, be appealed Union representative for a meeting to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur take place within twenty six (206) days following of the principal's receipt of the grievance. Each party shall have the right to include in its representation such noticewitnesses and counselors as it deems necessary. Within six (6) days of the meeting, and the Superintendent shall promptly notify the grievant and the Association Union shall be provided with the principal's written response, including reason(s) for the decision, or the grievant may proceed to the next step.
C. If the grievance is not resolved at step "B", then the grievant may refer the written grievance listing the desired resolution of the dategrievance, timeto the Assistant Superintendent of Human Resources or his/her official designee within six (6) days after receipt of the step "B" answer, and place where such appeal will or within six (6) days after the answer should have been received; the grievance shall be hearddeemed withdrawn if it is not submitted to the Assistant Superintendent of Human Resources within said six (6) day period. The Board’s written decision Assistant Superintendent of Human Resources shall be transmitted to arrange with the grievant and the Association Union representative for a meeting to take place within seven six (7) days after the hearing. Within five (56) days of the Assistant Superintendent of Human Resources’ receipt of the grievance. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within six (6) days of the meeting, the grievant and the Union shall be provided with the Assistant Superintendent of Human Resources’ written response, including reason(s) for the decision or the grievant may proceed to the next step.
D. If the union or grievant is not satisfied with the disposition of the grievance at Level Threestep "C", the grievance may be submitted to arbitrationfinal 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 receipt of the step "C" answer, or within 30 days after the answer should have been received, the grievance shall be deemed withdrawn.
a) The parties will select an arbitrator according to 1. Neither the provisions of Board nor the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party Union shall be permitted in arbitration hearings to assert any ground grounds or to rely on any evidence before the arbitrator which was not previously disclosed to the other party prior party.
2. The arbitrator shall have no power to such hearings.alter the terms of the Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should Grievances shall be considered processes as maximum and every effort should be made to expedite the processrapidly as possible. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing All grievance hearings shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as in closed or executive session. A grievant may initiate the grievantprocedure by filing a written statement of grievance, citing the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative relevant provisions of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such caseAgreement, the supervisor shall not initiate any consultation with the grievant prior person at the lowest administrative level with authority to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to decide the grievance. Within five (5) A grievance must be submitted within 30 working days of the filing date the grievant became aware of the formal grievance in writing violation. A meeting will be held at a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer mutually acceptable time to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on discuss the grievance within five (5) days thereafter and deliver it to of the grievant and receipt of the Associationwritten statement. If the grievance is not settled at Level Two, it may, The immediate supervisor shall respond in writing with reasons for his/her decision within five (5) days after of the meeting. If the grievance is unresolved, the grievance may be appealed to Level Two. The written grievance may be advanced to Level Two by certified mail or by email, to the District Superintendent within 15 working days of the receipt of response of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appealOne. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the The Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association conduct a hearing within seven ten (7) days after the hearing. Within five (510) days of receipt of the appeal at a mutually agreeable time and place. At this hearing, the Superintendent shall hear facts, evidence, and the arguments of the representative of the decision-maker and of the grievant. If the Superintendent is the decision-maker at the hearing, he/she shall present the facts, evidence, and argument supporting the decision made, as well as listening to the presentation of the grievant. A written decision must be made within five (5) days from the date of the hearing. If unresolved, the grievant may appeal at Level Three, the . The written grievance may be submitted advanced to Level Three by certified mail or by email to the District requesting arbitration within 15 working days of the receipt of the response of the Level Two. The Association or their representative may submit a written grievance by certified mail, where available, or by email to arbitration.
a) . The parties arbitrator will select an arbitrator according to be selected from the provisions list of arbitrators supplied by the American Arbitration Association (AAA). He/she shall be selected using the procedures of the “Public Employee Relations Act.” AAA. The arbitrator shall render his his/her written decision in writing and both parties agree to be bound by the award of within thirty (30) days. Should the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictionunable to meet the thirty (30) day time frame, the parties shall consider extending the time allowed. The Alaska Uniform Arbitration Act (Chapter 43, Title 9, Alaska Statutes) is incorporated into this article by reference.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 1 contract
Sources: Negotiated Agreement
Procedures. 1Within fifteen (15) The number days following the time when the grievant knows or could reasonably have known of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by act or condition which is the authorized representatives basis of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievantgrievance, the Central Grievance Committeegrievant may file a written grievance with his principal or immediate supervisor, Board’s Appeal Committee, witnesses and with a designated representative copy to the Secretary of the Board and Board. Grievances filed in the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative name of the Association accompany him in approaching his may be initiated at Step 2 of this grievance procedure as set forth below. All certificated employees shall have the right of representation at each step of the grievance procedure.
STEP 1 The school principal or immediate supervisorsupervisor shall meet within five (5) days following receipt of the grievance and attempt a mutually satisfactory resolution of the grievance. In such caseIf no satisfactory agreement is reached, the supervisor grievant may within three (3) days appeal to Step 2.
STEP 2 The grievant shall not initiate any consultation meet with the grievant prior to any scheduled meeting at which Superintendent within five (5) days following the representative receipt of the grievant's appeal. If no satisfactory agreement is to be present.
c) In the event that steps “a” or “b” are unsuccessfulreached, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Associationgrievant may, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than within ten (10) days after disclosure of the facts giving rise meeting appeal to Step 3.
STEP 3 If no satisfactory settlement is reached at Step 2, the grievance may be appealed to Step 3 within seven (7) days after receiving the disposition of the Superintendent or after the above stated time limits have expired and submit the grievance to the grievanceBoard. Within If the grievance is submitted to the Board, the Board, within thirty (30) days shall meet with the grievant, the representative and the Superintendent to review such grievance in executive session or give such grievance the consideration as it shall deem appropriate. The disposition by the Board shall be made to the grievant by completing Grievance Report Form, Step 3 within five (5) days of the filing meeting. A notification of such disposition shall be furnished the formal grievance in writing a meeting shall take place between grievant, the Association and the immediate supervisor.
STEP 4 If no satisfactory settlement is reached at Step 3, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.fifteen
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should Step 1 — A good faith attempt shall be made to expedite resolve any grievance in an informal discussion between the processgrievant and the appropriate supervisor. Although nothing herein shall prevent an employee from having Association representation throughout any step of the grievance procedure, the Association and the Board strongly encourage employees and their supervisors to resolve problems in an informal atmosphere, without third party intervention, using this open dialogue and good faith before disputes become formal grievances.
Step 2 — If the grievance cannot be resolved informally, the grievant or the Association may file the grievance in writing with the Director of Buildings and Grounds, or other appropriate supervisor. The time limits may be extended by mutual consent in writing by written grievance should state the authorized representatives nature of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievantgrievance, the Central Grievance Committeespecific clause or clauses of the Agreement violated, Board’s Appeal Committeeand the remedy requested. Filing of the written grievance must be done within fifteen (15) days, witnesses and a designated representative of or as otherwise mutually agreed between the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one , from the date of the following ways:
aoccurrence of the event giving rise to the grievance or when the grievant could reasonably have had knowledge thereof. The supervisor shall within ten (10) He may approach days of receipt of the immediate supervisor concerned grievance schedule a meeting to resolve the grievance. He/she shall issue the grievant and discuss the matter in his own behalfAssociation President a written response within seven (7) days of that meeting.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) Step 3 — In the event that steps “a” or “b” are unsuccessfula grievance has not been satisfactorily resolved at Step 2, the teacher may file grievant or the Association shall file, within seven (7) days of the written answer to Step 2, or, if no answer is received within the time specified in Step 2, within seven (7) days of the date when the answer was due, a formal copy of the grievance in writing on a form provided by with the Human Resources DepartmentSuperintendent or his/her designee. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than Within ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal such written grievance in writing is filed, a meeting shall take place between be scheduled with the immediate aggrieved, a representative of the Association, the supervisor, and the Superintendent or his/her designee. The Superintendent or his/her designee shall file an answer with the grievant, the supervisor, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association President within seven (7) days after of that meeting.
Step 4 — If the hearing. Within five grievance is not resolved, the Association may refer the grievance to arbitration by giving written notice to the Superintendent or his/her designee within ten (510) days of the receipt of the decision at Level ThreeStep 3 answer or, if no answer is received within the grievance may time specified in Step 3, within ten (10) days of the date when the answer was due, or extend the time lines upon mutual agreement of the parties. The arbitrator shall be submitted selected from a panel(s) to arbitration.
a) be secured from the American Arbitration Association, which shall act as administrator of the proceedings. The parties will select an may, by mutual agreement, submit more than one grievance to the same arbitrator. The arbitrator according shall have no right or authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of the “Public Employee Relations Act.” Agreement. The arbitrator shall render his decision in writing fees and both parties agree to be bound by the award expenses of the arbitrator and agree that judgment thereon may shall be entered in any court of competent jurisdiction.
b) The divided equally between the Board and the Association agree Association, provided that neither each party shall be permitted in arbitration hearings to assert any ground responsible for compensating its own representatives or to rely on any evidence not disclosed to witnesses. If one party requests a written transcript, that party shall pay the other party prior to such hearingsentire cost for the transcript. If both parties request a transcript, the cost shall be divided equally between the Board and the Association.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) . Grievance proceedings shall be kept informal at all levels of this procedure.
2. The number of days indicated at each level should of this procedure shall be considered as maximum maximum, and every effort should shall be made to expedite the process.
3. If the District fails to comply with the time limit requirements as set forth in these procedures, the matter will be adjudicated in favor of the grievant.
4. If the grievant or the Union fails to comply with the time limit requirements as set forth in these procedures, the grievance shall be considered null and void.
5. The time limits set forth herein may be extended by mutual consent in writing written agreement of the parties.
6. A grievance shall not be considered unless the grievant initiates the grievance no later than five (5) working days after the grievant became aware of the circumstances which gave rise to the grievance.
7. A grievant may be accompanied and represented by the authorized representatives Federation at any hearing or meeting conducted under this procedure. In the case of each party. At Level Three and abovea District-filed grievance, ▇▇▇▇▇▇▇▇’s counsel the District may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be represented at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate any hearing or meeting conducted under this procedure by a District administrator or counsel of choice. The party in one of interest against whom the following ways:
a) He grievance has been filed may approach the immediate supervisor concerned be accompanied and discuss the matter in his own behalf.
b) He may request that represented by a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate parties choice at any consultation with the grievant prior to any scheduled hearing or meeting at which the representative is to be presentconducted under this procedure.
c) In the event that steps “a” 8. No reprisal or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided retaliation by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer any party to the grievance shall be given to the taken against either a grievant or a party in writing within five (5) days after the meeting. If the grievance is not settled at Level Oneinterest, the Association mayincluding any witnesses, within five (5) days after said decision, notify the Director as a result of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision participation by the grievant or the party in interest in the processing and the Associationproceedings of a grievance.
9. An employee, acting individually, may present a grievance without the intervention of the Federation provided the grievance has been processed in accordance with this procedure. At any hearing of a grievance brought individually by an employee, the Federation, as a party to this Agreement, will be appealed afforded the opportunity to be present and present its views. Any adjustment shall be consistent with the provisions of this Agreement.
10. Nothing contained herein shall be construed to limit in any way the ability of the District and the grievant to resolve any grievance through informal means, if such resolution is consistent with the provisions of this Agreement.
11. The parties shall cooperate in any investigation which may be necessary in order to expedite the process.
12. All documents related to a grievance shall be maintained as a permanent file separate from the employee's personnel file. File maintenance documents and documentation related to an employee's performance or discipline which were introduced during the grievance process may be filed in the employee's personnel file unless they are removed as part of the grievance redress.
13. All grievances and grievance responses shall be processed in accordance with this Agreement.
14. Unless otherwise agreed to by the parties, the processing of grievances shall be conducted before or after the grievant's work day.
15. All grievances shall be processed in accordance with this Agreement. This is the only grievance procedure available to the Board parties covered by this agreement.
16. A grievance cannot be filed by a former employee after the effective date of resignation.
17. Grievances submitted on behalf of the District shall be initiated by the Superintendent or his/her designee by filing a written notice the grievance with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision Union President or designee at Level Three, the grievance may be submitted to arbitration.
a18. Prior to filing of any grievance, all effort should be made to resolve the issue informally between the employee(s) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground immediate supervisor or to rely on any evidence not disclosed to between the other party prior to such hearingsUnion and the District as the case may be.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Any administrator shall have the right to present his/her grievance through the steps described in the following paragraphs with assured freedom from restraint, interference, coercion, discrimination or reprisal and shall be entitled to appear at the appeal level.
1. Any administrator who has a grievance shall first orally advise his or her immediate supervisor of its existence within twenty (20) The number of calendar days indicated at each level should be considered as maximum and every effort should be made to expedite the processafter its occurrence. The time limits may be extended by mutual consent supervisor shall meet with the administrator within fourteen (14) calendar days in writing by an attempt to resolve the authorized representatives of each partygrievance at this level. At Level Three and aboveWithin fourteen (14) calendar days after discussion, ▇▇▇▇▇▇▇▇’s counsel may be presentthe supervisor shall orally make known his or her decision to the administrator.
2. If the grievance is not resolved to the satisfaction of the administrator at the level of Step 1, the administrator may appeal, within seven (7) Hearing calendar days, to the Superintendent of Schools in a written statement setting forth specific details and specific grounds on which the grievance is based and attaching all pertinent documents. The Superintendent shall confer with the parties concerned together or separately within seven (7) calendar days. The Superintendent shall render a decision within fourteen (14) calendar days of such occurrence. A written statement of the decision and the supporting reasons shall be held after normal school hourssent to the aggrieved and the supervisor.
3. If the grievance is not resolved at Step 2 to the satisfaction of the administrator, said administrator may request a review by the Board of Education. This request shall be made in writing through the Superintendent of Schools, who shall attach all related documents and forward the request to the Board. The Board shall review the case, shall hold a hearing with the administrator, if requested by the administrator, and shall render a decision in writing within twenty-one (21) Persons proper calendar days of receipt of the grievance by the Board at a regular or special meeting. Copies of the decision of the Board shall be sent to the aggrieved and to the Superintendent of Schools.
4. A grievance which remains unresolved to the satisfaction of the Association after the Board has rendered its decision may be at hearings submitted to arbitration within ten (10) calendar days following receipt of the Board’s decision. The arbitrator shall be chosen from Level Two on are defined a list of names provided by the New Jersey Public Employment Relations Commission. Arbitration shall begin as quickly as possible, depending upon the grievantavailability of an arbitrator. Copies of the arbitrator’s binding decision shall be sent to: (1) the aggrieved; (2) the Board; (3) the Superintendent of Schools; and (4) the Association.
5. The arbitrator shall be limited to the issues submitted to him by the parties and shall be without power or authority to alter, amend or modify the terms of this Agreement. In addition, the Central Grievance Committeearbitrator shall be without power or authority to make any decision which requires the commission of acts prohibited by law or which violates the terms of this Agreement. In formulating his decision, Board’s Appeal Committeethe arbitrator shall adhere to the statutory law of New Jersey and to pertinent decisions of the Commissioner of Education, witnesses the State Board of Education and a designated representative the Courts.
6. The cost for the services of the arbitrator including per diem expenses, if any, and the actual and necessary travel and subsistence expenses shall be borne equally by the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor Any other expenses incurred shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided paid by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitrationparty incurring same.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. A. Level I
B. Level II
1) The number of . If the problem is not resolved or no decision has been rendered within 10 days indicated at each level should be considered as maximum after the request for a written response, the grievant may submit a grievance to his/her Association Representative and/or the Association Grievance Committee member and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be presentimmediate supervisor within 10 days.
2) Hearing . The written grievance should state the nature of the grievance, should note the specific clause or clauses of the agreement allegedly violated, and should state the remedy requested. The immediate supervisor shall be held responsible for calling a meeting at a time mutually acceptable to the grievant and his/her Association Representative or Grievance Committee member, within 10 days after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as receipt of said grievance. The grievant shall notify the grievantprincipal no later than two days before the scheduled meeting of the attendance of a Grievance Committee member instead of the Association Representative. Upon such notice, the Central Grievance Committeeprincipal may bypass this level and shall so indicate in writing to the grievant within one day of such notice and send this grievance to Level III without responding to the grievance itself. If a Level II grievance meeting is held, Board’s Appeal Committeethe parties present shall jointly sign and date the Level II form, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give render a written decision on the grievance within five (5) days thereafter and deliver it to the grievant parties involved, and to those parties listed on the AssociationLevel II form, within 10 days following the meeting.
C. Level III
1. If the grievance problem is not settled resolved or no decision has been rendered at Level TwoII, the Grievance Committee of the Association shall, within 20 days of the date that the Level II decision was or should have been rendered, make a judgment on the merits of the grievance.
2. If the Grievance Committee decides that the grievance has merit, it may, shall refer a Level IV grievance in writing to the Superintendent within five (5) 25 days after receipt of from the date the Level Two II decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitrationwas or should have been rendered.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.D. Level IV
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.E. Level V
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number . An employee with a grievance shall first discuss it with the Manager Buildings and Grounds or designee, with the object of days indicated at each level should be considered as maximum and every effort should be made to expedite resolving the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be presentmatter informally.
2) Hearing shall . If the grievance cannot be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievantresolved informally, the Central Grievance Committeegrievant may file the grievance in writing, Board’s Appeal Committeeand, witnesses and at a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and mutually agreeable time, discuss the matter in his own behalf.
b) He may request that with the Manager Buildings and Grounds. The grievant shall present to the Manager-Buildings and Grounds a representative written copy of the Association accompany him in approaching his immediate supervisorgrievance within ten (10) days of the date of occurrence of the alleged violation. In such caseThe written grievance shall state the nature of the grievance, the supervisor specific provisions of the Agreement allegedly violated, and the relief requested. The Manager–Buildings and Grounds shall not initiate any consultation with make a decision on the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance and communicate it in writing on a form provided by to the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than employee within ten (10) days after disclosure receipt of the facts giving rise grievance.
3. In the event a grievance has not been satisfactorily resolved at step two, the grievant may file the grievance in writing, and at a mutually agreeable lime, discuss the matter with the Associate Superintendent–Human Resources. The grievant shall present to the grievance. Within five Associate Superintendent and Human Resources a written copy of the grievance within seven (57) days of the filing of written decision at step two by the formal Manager–Buildings and Grounds. The Associate Superintendent–Human Resources shall make a decision on the grievance and communicate it in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing employee within five ten (510) days after the receipt of the grievance.
4. If the grievance remains unresolved, the grievant may file the grievance in writing with the Superintendent or designee. The grievant shall present to the Superintendent or designee a written copy of the grievance within seven (7) days of the administrator's written decision at step three. Within ten (10) days after such written grievance is filed, the grievant and Superintendent or designee shall meet to consider the grievance. The Superintendent or designee shall make a decision on the grievance and communicate it in writing to the employee within ten (10) days after such meeting.
5. If the grievance is not settled resolved satisfactorily at Level Onestep four, the Association maygrievance may be submitted to impartial, binding arbitration. To enter such arbitration, the Union shall submit a written request on behalf of the Union and the grieving employee(s) to the Superintendent within five thirty (530) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after from receipt of the Level Two decision step four answer. The Arbitrator shall be selected by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association two parties within seven (7) days after said notice is given. If the hearing. Within five two parties fail to reach agreement on an arbitrator, within seven (57) days the American Arbitration Association shall be requested to provide a panel of receipt at least seven (7) arbitrators, from which a selection shall be made in accordance with its practices. The cost for the services of the decision arbitrator, and the cost of the hearing room shall be borne equally by the school district and the Union. Expenses relating to either party's representatives or witnesses, and other expenses incurred by either party in presenting its case shall be borne by each party. A transcript or recording shall be made of the hearing at Level Threethe request of either party; however, the grievance may be submitted to arbitration.
aparty requesting the copy of the transcript or recording shall pay for such copy. The arbitrator so selected shall hold hearing(s) unless such hearing(s) are waived and shall issue her/his decision not later than twenty (20) days from the date of the close of the hearing(s). The parties will select an arbitrator according arbitrator, in his decision, shall not amend, modify, nullify, ignore or add to the provisions of the “Public Employee Relations Act.” The arbitrator agreement. His authority shall render be strictly limited to deciding only the issue or issues presented to him, and his decision in writing must be based solely and both parties agree to be bound by only upon his interpretation of the award meaning or application of the expressed relevant language of the Agreement. The decision of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely final and binding on any evidence not disclosed to the other party prior to such hearingsparties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum parties hereto acknowledge that it is the most desirable for an employee and every effort should be made employee's immediately involved supervisor to expedite the processresolve problems through free and informal communications. The time limits may be extended by mutual consent in writing When requested by the authorized representatives employee, an Association representative may accompany the employee to assist in the informal resolution of each partythe grievance. At Level Three and aboveIf, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievanthowever, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of informal process fails to satisfy the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” employee or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for a grievance may be processed as provided below. The filing of the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall at Step I or Step II below must be filed as soon as possible, but in no event longer than ten within twenty (1020) days after disclosure of the facts date of the occurrence of the event giving rise to the grievance. Within All time limits shall consist of school days, except that during any vacation or break periods (excluding regular School District holidays) regular calendar days shall be counted for the purpose of establishing time limits. The failure of a grievant to act on any grievance within the prescribed time limits will act as a bar to any further appeal. If no decision has been rendered within the time limits indicated within a step, then the grievance shall be processed to the next step. The time limits at any step or at any point in the grievance process, however, may be extended by mutual agreement.
1) STEP I - The employee or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within five (5) working days after receipt of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisorgrievance. The Association's representative, the grievant, and the Association representative and an answer to the grievance immediately involved supervisor shall be given to the grievant in writing within five (5) days after present at the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) working days of the meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reasons for the decision.
2) STEP II - If the grievance is not resolved at Step I, then the Association may refer the grievance to the Superintendent within fifteen (15) working days after receipt of the decision at Level Three, Step I answer. The Superintendent shall arrange with the grievance may be submitted Association representative for a meeting to arbitration.
atake place within five (5) The parties will select an arbitrator according to the provisions working days of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award Superintendent's receipt of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither appeal. Each party shall be permitted have the right to include in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to its representation such hearings.witnesses and counselors as it deems necessary. Within five
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should be made party asserting a grievance may attempt to expedite resolve the processproblem through informal communication with the immediate supervisor. The time limits parties may be extended by mutual consent in writing by agree to bypass any step of the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be presentgrievance procedure.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as Step 1: If the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher informal process with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss fails to resolve the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such caseproblem, the supervisor shall not initiate any consultation with grievant(s) or the grievant prior to any scheduled meeting at which Union or both may formally present the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on to the department supervisor who will arrange for a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall meeting to be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than held within ten (10) working days after disclosure to review the grievance. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the facts formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. Within five (5) The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. The answer shall include the reasons for the decision.
Step 2: If the grievance is not settled satisfactorily resolved at Level Onethe preceding step, the Association may, within five (5grievant(s) days after said decision, notify or the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver Union or both may refer it to the grievant Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the Associationgrievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph.
Step 3: If the grievance is not settled satisfactorily resolved at Level Twothe preceding step, the grievant(s), or the Union, or both, may refer it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board Vice President for Administrative Affairs, or designee, by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur same in writing within twenty ten (2010) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at Level Threethe Vice President’s level, the grievance may be submitted to arbitrationinitiated at Step 3, provided it is filed within the time limit prescribed in Step 1.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper parties agree that it is desirable for problems to be at hearings from Level Two on are defined as resolved between the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses employee and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the his/her immediate supervisor, and one for the Human Resources Department. A nothing herein shall prevent an employee from taking up any claimed grievance with his/her immediate supervisor before formal grievance shall be filed as soon as possible, but in no event longer than ten filing of said grievance.
A. Step One Within thirty (10) days after disclosure of the facts giving rise to the grievance. Within five (530) days of the filing of date an alleged grievance occurs, the formal grievant must present the grievance in writing to the immediately involved administrator (Step One Grievance Form located in Appendix 16), who will arrange for a meeting shall to take place between within four (4) days after receipt of the immediate supervisor, grievance. Said administrator shall provide the grievant, grievant and the Association representative and an with a written answer to the grievance shall be given to together with the grievant in writing reasons for the decision within five four (54) days after the meeting. meeting (Step One Grievance Form-back located in Appendix 16B).
B. Step Two If the grievance is not settled at Level Step One, then the Association may, grievance may be referred in writing to the Superintendent or his/her designee within five ten (510) days after said decisionthe grievant’s receipt of the administrator’s answer at Step One, notify (Step Two Grievance Form located in Appendix 17). The written grievance shall give a clear and concise statement of the Director of Human Resources that it intends to appeal the alleged grievance, stating including the grounds facts on which the grievance is based, reference to the specific terms of the Agreement which have been violated, the issues involved, and the remedy sought. The Superintendent or designee shall arrange for such an a meeting with the grievant to take place within seven (7) days of receipt of the appeal. The Director parties shall have the right to include in the meeting such witnesses and counselors as they deem necessary to develop facts pertinent to the grievance. Each party shall pay for its witnesses. Upon conclusion of Human Resources shallthe meeting, within five the Superintendent or designee will have seven (57) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give to provide a written decision, together with the reasons for the decision on the grievance within five (5) days thereafter and deliver it to the grievant Association and the Association. grievant, (Step Two Grievance Form - back located in Appendix 17B).
C. Step Three – Binding Arbitration If the grievance is not settled at Level Step Two, it the grievant may, within five ten (510) days after receipt of the Level Superintendent’s or designee’s answer to Step Two, request in writing that the Association submit his/her grievance to arbitration (Step Two decision Grievance Form – back). The Association may, by the grievant and the Association, be appealed written notice to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after receipt of the request from the employee, submit the grievance to binding arbitration (Step Three Grievance Form located in Appendix 18). Arbitration shall be conducted in accordance with provisions which follow:
1. Selection of Arbiter by Agreement In regard to each case that reaches arbitration, the parties will attempt to agree on an arbiter to hear and decide the particular case. If the parties are unable to agree to an arbiter within ten (10) days after submission of the written request for arbitration, the provisions of “2” below (Selection of the Arbiter by American Arbitration Association) shall apply to the selection of an arbiter.
2. Selection of the Arbiter by American Arbitration Association In the event an arbiter is not agreed upon as provided in “1” above, the parties shall jointly request the services of the American Arbitration Association. The arbiter shall be selected by the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceeding.
D. Arbitration Rules of Procedure Arbitration proceedings shall be in accordance with the following:
1. The arbiter shall have no power to alter, add to, or subtract from the terms of this Agreement. He/she shall hear and accept pertinent evidence submitted by both parties and shall be empowered to request such data as the arbiter deems pertinent to the grievance and should render a decision in writing to both parties within twenty (20) days (unless mutually extended) of the completion of the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither Neither party shall be permitted in arbitration hearings to assert any ground or to rely on in the arbitration proceedings any evidence which change the issues submitted at Step Two. Upon request of either party, the merits of a grievance and the arbitrability issues arising in connection with that grievance shall be consolidated for hearing before an arbiter; provided the arbiter shall not disclosed resolve the question of arbitrability of a grievance prior to having heard the merits of the grievance. Upon request of either party, the arbitrability of the grievance shall be determined by an arbiter in accordance with the rules and procedures of the American Arbitration Association.
2. The arbiter shall issue a decision in writing on the issue presented for arbitration which decision shall be final and binding on both parties.
3. The arbiter shall rule only on the basis of information presented in the hearing and shall refuse to receive any information after the hearing except when there is mutual agreement in the presence of both parties.
4. Each party to the proceedings may call such witnesses as may be necessary in the order in which their testimony is to be heard. Such testimony shall be limited to the matters set forth in the written statement of grievance. The arguments of the parties may be supported by oral comment and rebuttal. Either or both parties may submit written briefs within a time period mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confined to and directed at the matters set forth in the grievance.
5. Each party shall pay any compensation and expenses relating to its own witnesses or representatives.
6. The costs for the services of the arbiter, including per diem expenses, if any, and his/her travel and subsistence expenses and the cost of any hearing room, will be shared equally by the Employer and the Association. All other costs will be borne by the party incurring them. The total cost of the stenographic record (if requested) will be paid by the party requesting it. If the other party prior to such hearingsalso requests a copy, that party will pay one-half (1/2) of the stenographic costs.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1STEP I An aggrieved paraprofessional shall present the grievance, orally, to the Immediate Administrative Supervisor within ten (10) working days of the occurrence or knowledge of the event from which the grievance arises. The number aggrieved paraprofessional shall identify to the Immediate Administrative Supervisor that a grievance is being instituted. The Immediate Administrative Supervisor shall, if possible, resolve the grievance informally to the satisfaction of the aggrieved paraprofessional within ten (10) working days indicated after initial discussion with the aggrieved paraprofessional.
STEP II If the grievance cannot be resolved informally in Step I to the satisfaction of the aggrieved paraprofessional within ten (10) working days, then the aggrieved paraprofessional may, within ten (10) working days thereafter, submit the grievance in writing to the Immediate Administrative Supervisor. The writing shall set forth the events giving rise to the grievance, the provision of the Agreement thought to have been violated, misinterpreted, or inequitably applied, and the desired remedy. The Immediate Administrative Supervisor shall reevaluate his/her decision in Step I, and submit an answer in writing, within ten (10) days after receipt of the written grievance. A copy of the written grievance and response shall be submitted by the Immediate Administrative Supervisor to the Superintendent.
STEP III If the aggrieved paraprofessional is not satisfied with the answer received, or if an answer is not received in Step II, the grievance in writing, accompanied by a signed letter indicating the desire of the aggrieved paraprofessional to move to Step III, may be presented to the School Superintendent. The Superintendent shall within ten (10) working days of the receipt of the written grievance, arrange a meeting with the aggrieved paraprofessional. The Superintendent shall give the aggrieved paraprofessional a written answer to the grievance within ten (10) working days after the date of such meeting.
STEP IV If the aggrieved paraprofessional is not satisfied with the written answer resulting from Step III, or if no answer is received, the aggrieved paraprofessional may within ten (10) working days following the expiration of the time provided in Step III, submit a written request to the Superintendent for a hearing of the grievance by the Board of Education at each level should be considered as maximum its next scheduled conference meeting following the receipt of the request or, in any event, not later than fifteen (15) working days following the receipt of the request by the Superintendent. The Superintendent shall schedule a meeting for the hearing of the grievance and every effort should shall advise the aggrieved paraprofessional of the time, date and place of the meeting not less than ten (10) working days prior to the scheduled meeting date. The President of the Board of Education shall, within ten (10) working days following the hearing, submit an answer to the aggrieved paraprofessional.
a. If the aggrieved paraprofessional is not satisfied with the disposition of his/her grievance at Step IV, or if no decision has been rendered within the period specified in Step IV, the aggrieved paraprofessional may, within ten (10) working days after a decision by the Board of Education or the expiration of the time provided in Step IV, request in writing that the Association submit its grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen (15) working days after receipt of a request by the aggrieved paraprofessional and shall, prior to submission of the grievance to arbitration, notify the Board of Education of such decision.
b. Within ten (10) working days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or obtain such a commitment within the specified period, a request for a list of arbitrators may be made to expedite the processNew Jersey Public Employment Relations Commission by either party. The time limits may parties shall then be extended bound by mutual consent the rules and procedures of PERC in the selection of an arbitrator.
c. The arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue his/her decision not later than twenty (20) days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusion on the issues submitted. The arbitrator shall be without power or authority to make any decision(s) which require(s) the commission of an act prohibited by law or which is violative of the authorized representatives terms of each partythis Agreement. At Level Three The decision of the arbitrator shall be submitted to the Board and above, ▇▇▇▇▇▇▇▇’s counsel may the Association and shall be presentadvisory.
2) Hearing d. The costs for the services of the arbitrator, including the per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room, shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of borne equally by the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor Any other expenses incurred shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided paid by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitrationparty incurring same.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Level 1) The number : Principal or immediate supervisor (Informal). An employee with a grievance shall first discuss the grievance with the principal or immediate supervisor, with the object of days indicated at each level should be considered as maximum and every effort should be made to expedite resolving the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be presentmatter informally.
Level 2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the : Principal or immediate supervisor concerned and discuss (Formal). If the matter grievance cannot be resolved informally the grievant may file the grievance in his own behalf.
b) He may request that a representative of writing, with the Association accompany him in approaching his building principal or immediate supervisor. In such caseThe written grievance shall state the nature of the grievance, the specific provisions of the Agreement allegedly violated, and the relief requested. The filing of the formal, written grievance at level two must be within twenty (20) days from the date of occurrence of the event giving rise to the grievance or from the date when the grievant could reasonably have become aware of such occurrence. The building principal or immediate supervisor shall not initiate any consultation with make a decision on the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance and communicate it in writing on a form provided by to the Human Resources Department. This form is shown in employee and the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than Union within ten (10) days after disclosure receipt of the facts giving rise grievance, provided at the request of the building principal or immediate supervisor, a meeting shall be held with the grievant to discuss such grievance, in which event the grievancebuilding principal or immediate supervisor shall have additional time to respond. Within five Such additional time shall not exceed fifteen (515) days from receipt of the grievance or ten (10) days from the date of the meeting, if held, whichever shall be the lesser. Level 3: In the event a grievance has not been satisfactorily resolved at the second level, the grievant may file, within ten (10) days of the filing principal’s or immediate supervisor’s written decision at the second level, a copy of the formal grievance in writing a meeting shall take place between with the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five Executive Director of Human Resources or designee. Within seven (57) days after such written grievance is filed, the meetinggrievant and the Executive Director of Human Resources or designee shall meet to consider the grievance. The Executive Director of Human Resources or designee shall file an answer within ten (10) days of such meeting and communicate it in writing to the employee and the Union. Level 4: If the grievance is not settled resolved satisfactorily at Level Onelevel three, the Association maygrievance may be submitted to impartial, within five (5binding arbitration. To enter such arbitration, the Union shall submit a written request on behalf of the Union and the grieving employee(s) days after said decision, notify to the Executive Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, or designee within five thirty (530) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after from receipt of the Level Two decision level three answer. The arbitrator shall be selected by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association two parties within seven (7) days after said notice is given. If the hearing. Within two parties fail to reach agreement on an arbitrator, within seven (7) days the Public Employment Relations Board shall be requested to provide a panel of at least five (5) days arbitrators, from which a selection shall be made in accordance with these practices: The Union shall request a list of receipt five (5) arbitrators from the Public Employment Relations Board. The arbitrator shall be selected by the two parties using an alternating strike-through process, with the first strike-through determined by a coin toss and repeating the process until one arbitrator remains. The costs for the services of the decision arbitrator, and the cost of the hearing room shall be borne equally by the school district and the Union. Expenses relating to either party’s representatives or witnesses, and other expenses incurred by either party in presenting its case shall be borne by each party. A transcript or recording shall be made of the hearing at Level Threethe request of either party; however, the grievance may be submitted to arbitration.
aparty requesting the copy of the transcript or recording shall pay for such copy. The arbitrator so selected shall hold hearing(s) unless such hearing(s) are waived, and shall issue her/his decision not later than twenty (20) days from the date of the close of the hearing(s) unless mutually extended by both the District and the Union. The parties will select an arbitrator according arbitrator, in his/her decision, shall not amend, modify, nullify, ignore or add to the provisions of the “Public Employee Relations Act.” Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her, and his/her decision must be based solely and only upon his/her interpretation of the meaning or application of the expressed relevant language of the Agreement. The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely final and binding on any evidence not disclosed to the other party prior to such hearingsparties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) Step 1 - The number of days indicated at each level should be considered as maximum and every effort should be made to expedite teacher or Association may present the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing immediately involved supervisor who will arrange for a meeting shall to take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the
Step 2 - If the Level Two grievance is not resolved at Step 1, the grievant shall refer the grievance to the Superintendent or official designee who shall have the authority on behalf of the Superintendent to issue a decision by on the grievance within fifteen (15) days after the receipt of the Step 1 answer or within ten (10) days after the Step 1 meeting, whichever is later. The Superintendent or designee shall arrange for a meeting with the grievant, the designated members of the Grievance Committee of the Association, and, at the option of the Superintendent or designee, the supervisor, to take place within five (5) days of his/her receipt of the appeal. Each party shall have the right to call such witnesses it deems necessary to develop facts pertinent to the grievance and the right to representation as provided in Section 10 above. Upon conclusion of the hearing, the Superintendent or designee shall have five (5) days in which to provide his or her written decision with reasons to the grievant and the Association.
Step 3 - If the grievance is not resolved at Step 2, be appealed the grievant or the Association shall refer the grievance to the Board by filing a written notice with within fifteen (15) days after receipt of the Superintendent stating the grounds for appealdecision at Step 2. A meeting with the The Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify arrange for a meeting to take place with the grievant and the Association representative of the dateAssociation, time, and place where such appeal will if any; it should be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Threeappeal. Each party shall have the right to call such witnesses as it deems necessary to develop facts pertinent to the grievance and the right to representation as provided in Section 10. Upon conclusion of the hearing, the grievance may be submitted President of the Board shall have ten (10) days in which to arbitrationprovide the Board's written decision with reasons to the grievant and the Association.
a) The parties will select an arbitrator according to Step 4 - If the provisions Association is not satisfied with the disposition of the “Public Employee Relations Actgrievance at Step 3, or the time limits expire without the issuance of the Board President's written reply, the Association 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 fifteen (15) days of the date for the Step 3 reply, then the grievance shall be deemed withdrawn.”
1. The arbitrator shall render his decision have no power to alter the terms of this Agreement.
2. The arbitrator is empowered to include in writing any award such financial reimbursements or other remedies he judges to be proper, if provided for by the terms of this Agreement, plus interest, if any.
3. Each party shall bear the full costs for its representation in the arbitration. The cost of the arbitration and the AAA shall be divided equally between the parties.
4. If either party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If both parties agree to be bound by or the award arbitrator requires a transcript, the cost of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party transcripts shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to divided equally between the other party prior to such hearingsparties.
Appears in 1 contract
Sources: Professional Agreement
Procedures. 1) STEP 1 The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent Building Principal shall respond in writing to each grievance received. If an aggrieved party is not satisfied with the response of the Building Principal or if no response is received within one calendar week after the submission of a grievance, such aggrieved party may submit a copy of the grievance to the grievance committee of the Little Falls Teachers Association.
STEP 2 If the aggrieved is not satisfied with the determination of a grievance at Step 1, he/she may within ten days of the response by the authorized representatives Building Principal, or within ten days of each partythe time such response was due, submit the grievance, in writing, to the Superintendent for review and determination.
STEP 3 The Superintendent or his designee shall meet with the aggrieved and his representative (if the aggrieved desires a representative) at a reasonable time and place designated by the Superintendent within five days after the presentation of the appropriate appeal documents to the Superintendent's office. At Level Three Such meetings shall be an attempt to resolve the grievance. Within ten days after such a meeting or meetings, the Superintendent or his designee, after consultation with the Board of Education, shall make a decision in writing, setting forth his conclusions with respect to the grievance, and abovesetting forth his reasons for such conclusion. A copy of such decision shall be given to the aggrieved and the Association.
STEP 4 If the Association is not satisfied with the disposition of any grievance at Step 3, it may within ten days submit the grievance to an arbitrator by registered mail with a copy to the Superintendent. In the event ▇▇. ▇▇▇▇▇▇▇▇’s counsel may ▇ should not be present.
2) Hearing available to perform the required arbitration, both parties agree that a new and mutually acceptable arbiter shall be held after normal school hours.
3) Persons proper designated by appropriate amendment to this section. In the event the parties cannot agree on an arbiter, they shall request a list of arbiters from the American Arbitration Association. The parties will then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbiter. The arbiter will have authority to hold hearings and make procedural rules. The aggrieved employee, the Association and the Superintendent shall have standing to be heard at hearings from Level Two on are defined such hearings. Any of the persons having standing, as well as the grievantarbiter, may request a written transcript of such hearings. Any of the persons having standing, as well as the arbiter, may request and obtain from the various parties all pertinent information not privileged by law, in their possession or control, and which is relevant to the issues raised by the grievance. All hearings held shall be closed sessions and no news releases shall be made concerning the progress of the hearings. The arbiter's report shall be submitted in writing to the board, the Central Grievance Committeeemployee, Board’s Appeal Committeeand the Association, witnesses and shall set forth his findings of fact, reasoning’s, conclusions and decisions on the issues submitted. The arbiter shall have no power or authority to make any decision which requires the commission of an act prohibited by law or which shall violate of the terms of this agreement. The decisions of the arbiter shall be final and binding upon all parties. The expenses of the arbitration, including the arbiter's fees, his expenses, a designated representative transcript of the hearings, etc., shall be shared equally by the Association and the Board if the Association signed the appeal to Step 4. If the Association did not sign the appeal to Step 4, the expenses shall be shared equally by the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalfaggrieved person.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) STEP 1 The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent Building Principal shall respond in writing to each grievance received. If an aggrieved party is not satisfied with the response of the Building Principal or if no response is received within one calendar week after the submission of a grievance, such aggrieved party may submit a copy of the grievance to the grievance committee of the Little Falls Teachers Association.
STEP 2 If the aggrieved is not satisfied with the determination of a grievance at Step 1, he/she may within ten days of the response by the authorized representatives Building Principal, or within ten days of each party. At Level Three the time such response was due, submit the grievance, in writing, to the Superintendent for review and above, ▇▇▇▇▇▇▇▇’s counsel may be presentdetermination.
2STEP 3 The Superintendent or his designee shall meet with the aggrieved and his representative (if the aggrieved desires a representative) Hearing at a reasonable time and place designated by the Superintendent within five days after the presentation of the appropriate appeal documents to the Superintendent's office. Such meetings shall be held after normal school hours.
3) Persons proper an attempt to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to resolve the grievance. Within five (5) ten days of the filing of the formal grievance in writing after such a meeting shall take place between the immediate supervisoror meetings, the grievantSuperintendent or his designee, after consultation with the Board of Education, shall make a decision in writing, setting forth his conclusions with respect to the grievance, and the Association representative and an answer to the grievance setting forth his reasons for such conclusion. A copy of such decision shall be given to the grievant in writing within five (5) days after aggrieved and the meeting. Association.
STEP 4 If the grievance Association is not settled satisfied with the disposition of any grievance at Level OneStep 3, it may within ten days submit the grievance to an arbitrator by registered mail with a copy to the Superintendent. A mutually acceptable arbiter shall be designated by appropriate amendment to this section. In the event the parties cannot agree on an arbiter, they shall request a list of arbiters from the American Arbitration Association. The parties will then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbiter. The arbiter will have authority to hold hearings and make procedural rules. The aggrieved employee, the Association mayand the Superintendent shall have standing to be heard at such hearings. Any of the persons having standing, within five (5) days after said decisionas well as the arbiter, notify may request a written transcript of such hearings. Any of the Director of Human Resources that it intends persons having standing, as well as the arbiter, may request and obtain from the various parties all pertinent information not privileged by law, in their possession or control, and which is relevant to appeal the issues raised by the grievance, stating . All hearings held shall be closed sessions and no news releases shall be made concerning the grounds for such an appealprogress of the hearings. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee arbiter's report shall give a written decision on the grievance within five (5) days thereafter and deliver it be submitted in writing to the grievant and board, the Association. If the grievance is not settled at Level Twoemployee, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, and shall set forth his findings of fact, reasoning’s, conclusions and decisions on the issues submitted. The arbiter shall have no power or authority to make any decision which requires the commission of an act prohibited by law or which shall violate of the terms of this agreement. The decisions of the arbiter shall be appealed to final and binding upon all parties. The expenses of the arbitration, including the arbiter's fees, his expenses, a transcript of the hearings, etc., shall be shared equally by the Association and the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and if the Association of signed the dateappeal to Step 4. If the Association did not sign the appeal to Step 4, time, and place where such appeal will be heard. The Board’s written decision the expenses shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound shared equally by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearingsaggrieved person.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure:
Step 1 An EMPLOYEE claiming a violation concerning the interpretation or application of the CONTRACT shall, within twenty-one (21) The number of calendar days indicated at each level should be considered after such alleged violation has occurred, present such grievances to the EMPLOYEE’S supervisor as maximum and every effort should be made to expedite designated by the processEMPLOYER. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a EMPLOYER designated representative of the Board will discuss and the Association. A teacher with a tentative give an answer to such Step 1 grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than within ten (10) calendar days after disclosure receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of this grievance, the facts on which it is based, the provision or provisions of the facts giving rise CONTRACT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER designated representative’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the FEDERATION within ten (10) calendar days shall be considered waived.
Step 2 If appealed, the written grievance shall be presented by the FEDERATION to, and discussed with, the EMPLOYER designated Step 2 representative. The EMPLOYER designated representative shall give the FEDERATION the EMPLOYER’S Step 2 answer in writing within ten (10) 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 following the EMPLOYER designated representative’s final Step 2 answer. Any grievance not appealed in writing to Step 3 by the FEDERATION within ten (10) calendar days shall be considered waived.
Step 3 If appealed, the written grievance shall be presented by the FEDERATION to, and discussed with the EMPLOYER designated Step 3 representative. The EMPLOYER designated representative shall give the FEDERATION the EMPLOYER’S Step 3 answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed by the FEDERATION to Step 4 within ten (10) calendar days following the EMPLOYER designated representative’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the FEDERATION within ten (10) calendar days shall be considered waived.
1. If the grievance has not been satisfactorily resolved at Step 3, either the Federation or the Employer may, within ten (10) calendar days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the grievanceMinnesota Bureau of Mediation Services for the assignment of a mediator. Within five (5) Grievance mediation shall be completed within 30 days of the filing assignment.
2. Grievance mediation is an optional and voluntary part of the formal grievance in writing resolution process. It is a meeting shall take place between the immediate supervisorsupplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the grievantcontractual time limit for moving the grievance to arbitration shall be delayed for the period of mediation.
3. The grievance mediation process shall be informal. Rules of evidence shall not apply, and no record shall be made of the Association representative proceeding. Both sides shall be provided ample opportunity to present the evidence and argument to support their case. The mediator may meet with the parties in joint session or in separate caucuses.
4. At the request of both parties, the mediator may issue an answer to oral recommendation for settlement. Either party may request that the mediator assess how an arbitrator might rule in this case.
5. The grievant shall be present at the grievance shall be given to mediation proceeding. If the grievance is resolved, the grievant in writing within five (5) days after shall sign a statement agreeing to accept the meetingoutcome. Unless the parties agree otherwise, the outcome shall not be presidential.
6. If the grievance is not settled at Level Oneresolved and is subsequently moved to arbitration, the Association may, within five (5) days after such proceeding shall be de novo. Nothing said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision or done by the grievant parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or referred to during arbitration.
Step 4 A grievance unresolved in Step 3 and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board Step 4 shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according arbitration subject to the provisions of the “Public Employee Employment Labor Relations Act.” Act of 1971. The selection of an arbitrator shall render his decision be made in writing and both parties agree to be bound accordance with the “Rules Governing the Arbitration of Grievances” as established by the award Board Bureau of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictionMediation Services.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. A. Step 1
1. An employee having a grievance shall file the applicable grievance form (Appendix C) The number of at Human Resources within thirty (30) days indicated at each level should be considered as maximum and every effort should be made to expedite following the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative occurrence of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5The grievance shall set forth the complete facts on which the grievance is based, the spe- cific provision(s) days of the filing Agreement allegedly violated, and the relief requested. The Chief of the formal grievance in writing Police or designee shall schedule a meeting shall take place Step 1 meet- ing between the immediate supervisorgrievant, the grievant’s designated representative, and griev- ant’s supervisor, or other appropriate individuals. The grievant shall have the Association representative and an answer right to present any evidence in support of the grievance shall be given to the grievant in writing within five (5) days after the meetingat this meet- ing. If the grievance is meeting does not settled at Level One, the Association may, within five (5) days after said decision, notify the Director result in resolution of Human Resources that it intends to appeal the grievance, the Chief of Police or designee will proceed with processing the grievance and issu- ing a written decision, stating the grounds for such an appeal. The Director of Human Resources shallreasons therefore, to grievant or griev- ant’s designated representative within five thirty (530) days after receipt thereoffollowing the con- clusion of the meeting, convene a Level Two meeting between unless an extension has been granted. If an exten- sion was granted, the Central Grievance Committee and decision shall be issued by the Board’s Appeal Committeeagreed upon date. The Board’s Appeal Committee A copy of the decision shall give a written decision on the grievance within five (5) days thereafter and deliver it be sent to the grievant and to the AssociationPBA if griev- ant elected not to be represented by the PBA. If The decision shall be trans- mitted by personal delivery with written documentation of receipt or by certified mail, return receipt requested.
2. Where practicable, the grievance is not settled at Level TwoUniversity shall make available to the griev- ant or grievant’s designated representative, it maydocumentation referenced in the Step 1 decision prior to its issuance. All documents referred to in the decision and any additional documents presented by the grievant shall be attached to the decision, within five (5) days after receipt together with a list of these documents. In advance of the Level Two Step 1 meeting, the grievant shall have the right, upon writ- ten request, to a copy of documents identified as relevant to the grievance.
3. In the absence of an agreement to extend the period for issuing the Step 1 decision, the grievant may proceed to Step 2 if the grievant or griev- ant’s designated representative has not received the written decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association end of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to thirtieth (30th) day following the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt conclusion of the decision at Level Three, the grievance may be submitted to arbitrationStep 1 meeting.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number parties acknowledge that it is usually most desirable for a faculty member and a faculty member's immediately involved supervisor to resolve problems through free and informal communications. When requested by the faculty member, an Association representative may accompany the faculty member to assist in the informal resolution of days indicated at each level should be considered as maximum and every effort should be made the grievance. If, however, the informal process fails to expedite satisfy the process. The time limits faculty member or the Association, a grievance may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined processed as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following waysfollows:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of A. Step One: The faculty member or the Association accompany him in approaching his immediate supervisor. In such case, may present the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on to the immediately involved supervisor, who will arrange for a form provided by meeting to take place within 10 college days after receipt of the Human Resources Departmentgrievance. This form is shown in the Appendix 7 of this contract. This The grievance shall be filed in quadruplicate with one copy for submitted within 15 college days of when the Associationoccurrence might reasonably have been ascertained. If the grievant requests, one copy for they may be accompanied to the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure meeting by a member of the facts giving rise to full-time faculty. If the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, Association is not the grievant, and if the faculty member accompanying the grievant is not a full member of the Association, the Association may have one of its full members as a representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after at the meeting. Within 10 college days of the meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reason(s) for the decision.
B. Step Two: If the grievance is not settled resolved at Level Step One, then the Association may, may refer the grievance to the President of the College or designee within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) college days after receipt of the Level Two decision by the grievant and the AssociationStep One answer. The President, be appealed to the Board by filing a written notice or their designee, shall arrange with the Superintendent stating the grounds Association representative for appeal. A a meeting with the Board shall occur to take place within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) 10 college days of receipt of the decision at Level Threeappeal. Within 10 college days of the meeting, the grievance may Association shall be submitted to arbitrationprovided with a written response from the President or designee, including the reason(s) for the decision.
a) The parties will select an arbitrator according to C. Step Three: If the provisions Association is not satisfied with the disposition of the “Public Employee Relations Act.” grievance at Step Two or the time limits expire without the issuance of the President's or designee's written reply, the Association may submit the grievance to binding arbitration. The arbitrator shall render his decision in writing and both parties agree be selected from a panel or panels to be bound by secured from the American Arbitration Association (AAA). The arbitrator's award shall be binding. If a demand for arbitration is not filed within 20 college days after the date for the Step Two answer, then the grievance shall be considered withdrawn. In connection with any such arbitration, it is agreed as follows:
1. That the arbitrator shall have no power to alter or enlarge the terms of this Agreement.
2. Each party shall bear the full costs for its representation in the arbitration. The cost of the arbitrator and agree that judgment thereon may the AAA shall be entered in any court of competent jurisdictiondivided equally between the parties.
b) The Board and 3. If either party requests a transcript of the Association agree proceedings, that neither party shall bear the full costs of that transcript. If both parties order a transcript, the cost shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to divided equally between the other party prior to such hearingsparties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Step #1: The employee or the Association shall submit on a standardized grievance form (enclosed with the contract) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in listed grievance. Such communication shall take place within 30 days of the grievant’s knowledge of the alleged violation. The supervisor shall within 10 days of his own behalf.
b) He may request that receipt of the grievance, arrange for a meeting with the grievant to take place for a clarification of the grievance. A representative of the Association accompany him in approaching may be present. The immediate supervisor shall within 5 days provide the grievant and the Director of Schools a written position on the grievances. Should the grievant not be satisfied with the disposition of the grievance made by his immediate supervisor, he may proceed to Step #2. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal Step #2: Within 10 days of receiving an unsatisfactory disposition of his grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the from his immediate supervisor, and one for the Human Resources Department. A formal grievance employee may arrange a conference with the Director of Schools, which shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) scheduled within 5 days of the filing Director’s receipt of the formal grievance in writing a meeting shall take place between the such request. The immediate supervisor, the grievant, and a representative of the Association representative and Association, if the grievant requests the presence of a representative, shall attend the conference. Either party may bring witnesses as the sides deem necessary. After hearing the diverse sides, the Director shall within 5 days submit his written reasons for the decision. If the grievant is not satisfied with the Director’s disposition of the matter, the grievant may proceed to Step #3. Step #3: Within 10 days of receiving an unsatisfactory answer to from the Director, the grievant may request a hearing before the Board of Education by informing the Director of this desire. The Board shall hear the grievance at its next regularly scheduled Board meeting. The board shall be given to the grievant respond in writing within five (5) 10 days after the meetingreview is completed. If the grievance grievant is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and satisfied with the Board’s Appeal Committeedisposition of his grievance, he may submit said grievance to advisory arbitration, with Association approval, as provided by the Federal Mediation and Conciliation Service and specifically provided for in Step #4. Step #4: If the grievant desires to submit his grievances to advisory arbitration, he must do so within 10 days of his receipt of an answer from the Board. The Board’s Appeal Committee arbitrator shall give a written decision on the grievance within five (5) days thereafter and deliver it have no power or authority to the grievant and the Association. If the grievance is not settled at Level Twoadd to, it maysubtract from, within five (5) days after receipt of the Level Two decision by the grievant and the Associationchange, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such noticemodify, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the or alter in any way provisions of the “Public Employee Relations Act.” The agreement, or impose on any party hereto a limitation or obligation not explicitly provided for in this agreement. Furthermore, the arbitrator shall render his decision in writing and both parties agree have no power to be bound by the award of the arbitrator and agree that judgment thereon may be entered in change any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.practice, policy, or
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should . First Step: An attempt will be made to expedite resolve any grievance in informal, verbal discussion between complainant, accompanied by an Association representative if requested by the processcomplainant, and his/her immediate superior. The time limits may Association will be extended by mutual consent in writing informed by the authorized representatives administration of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be presentthe outcome achieved at this step.
2. Second Step: If any grievance cannot be resolved informally, grievant(s) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as will file the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by with the Human Resources Departmentprincipal. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than Within ten (10) days after disclosure such written grievance is filed, the aggrieved, representative of the facts aggrieved as desired, and the principal will meet to resolve the grievance. The written grievance must state the nature of the grievance, note the specific clause or clauses of the Agreement allegedly violated, and state the remedy requested. Any grievance filed by the Association or a group of teachers must specifically state by name each teacher included within the grievance, the nature of the grievance, and the remedy sought for each such teacher at the Step 2 meeting. The filing of the grievance at the second step must be within twenty-five (25) days from the date of the occurrence of the event giving rise to the grievance. Within , except for grievances pertaining to payroll which must be filed within thirty-five (535) days of the filing receipt of the formal grievance initial paycheck involved in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene principal or other administrator who has authority to make a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance will make such decision and communicate it in writing to the teacher(s) and the Superintendent within five ten (510) days thereafter and deliver it to of the grievant and second step meeting, with a summary of reasons for the Associationdecision.
3. If Third Step: In the event a grievance has not been satisfactorily resolved at the second step, the grievant(s) will file, within ten (10) days of the principal’s written decision or answer at the second step, a copy of the grievance is not settled at Level Two, it may, within five with the Superintendent. Within ten (510) days after receipt such written grievance is filed, the aggrieved, representative of the Level Two decision by aggrieved as desired, the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, principal and the Superintendent shall promptly notify or designee, will meet to resolve the grievant and the Association of the date, time, and place where such appeal will be heardgrievance. The Board’s written decision shall be transmitted to the grievant and the Association Superintendent, or designee, will file an answer within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.ten
Appears in 1 contract
Sources: Professional Negotiations Agreement
Procedures. 1) 7.3.1 The number of days indicated at each level should of this procedure shall be considered as maximum and every effort should shall be made to expedite the process.
7.3.2 Grievance proceedings shall be kept informal at all levels of this procedure.
7.3.3 If the College fails to comply in writing or with its time limit requirements as set forth under any of the procedure steps, the grievance shall be considered automatically appealed to the next level of the procedure.
7.3.4 If the grievant fails to comply with the grievant’s time limit or procedural requirements, as set forth under any of the procedure’s steps, the grievance shall be considered null and void. At this point the College shall have no obligation to schedule an grievance meetings or arbitration.
7.3.5 The time limits set forth herein may be extended by mutual consent provided the extension has been mutually agreed upon in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be presentparties.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. 7.3.6 A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with be considered unless the grievant prior to any scheduled meeting at which initiates the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer later than ten (10) days after disclosure the grievant knew or reasonably should have known of the facts giving rise to action, which precipitated the grievance. Within five .
7.3.7 No reprisal or retaliation shall be taken against any person who participates in this procedure.
7.3.8 A grievant may be accompanied and represented by the Union (5this provision does not authorize representation by any party other than a Union representative) days and the charged party may be represented by a person of the filing party’s choice at any hearing or meeting conducted under this procedure.
7.3.9 An employee, acting individually, may present a grievance without
7.3.10 If a grievance affects a group of two or more employees or involves a decision or action by the College, which has a departmental or College-wide impact, the Union must notify the Human Resources Director of the formal Union’s intent to submit the grievance on behalf of the affected employees at Level 2 of this procedure. Such authorization must be in writing writing. The Human Resource Director shall identify the level of the grievance procedure at which the grievance may be submitted. An individual employee cannot file a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer grievance to the assert a Union right.
7.3.11 All documents related to a grievance shall be given maintained in a separate grievance file. This provision does not include documentation of disciplinary actions and/or documents that are the subject of a grievance.
7.3.12 Unless otherwise agreed to by the grievant parties, grievances shall be processed at times other than during scheduled duty hours.
7.3.13 Except for informal decisions at ▇▇▇▇▇ ▇, all decisions shall be submitted in writing within five (5) days after the meeting. If at each step of the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee procedure and the Board’s Appeal Committee. The Board’s Appeal Committee decision shall give a written decision on the grievance within five (5) days thereafter and deliver it be submitted to both the grievant and the AssociationUnion.
7.3.14 Grievances shall be filed on forms approved by the parties. Electronic e-mails shall be considered "in writing" for the purposes outlined in this Article.
7.3.15 The parties shall maintain confidentiality for all grievance proceedings and for documents required by law to be kept confidential. If a grievant or the Union violates this provision, this action will be a waiver by the grievant and/or Union of any confidentiality right the grievant or the Union may have which is related to the grievance.
7.3.16 The parties may agree to facilitate an investigation in order to expedite the grievance process. Such investigation may include the
7.3.17 Upon agreement between the College’s Human Resource Director and the Union President, leave with pay may be granted to an employee to participate in a grievance meeting.
7.3.18 At any stage of the procedure, the parties may initiate a settlement proceeding as an attempt to resolve a grievance. If the grievance proceeding is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Threeinitiated, the grievance time limits will be tolled in writing. The proceeding shall be conducted by a representative appointed by the Union and one appointed by the College. If either party determines that the proceeding should be terminated, that party may be submitted to arbitration.
a) The parties will select an arbitrator according to end the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision settlement proceeding by submitting a notification in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party of its intent to terminate the proceeding and reinstate the time limits. The time limits shall be reinstated upon service to the other party of such reinstatement and shall include any portion of the time limits that expired prior to such hearingsthe parties agreement to toll the time limits.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for an Employee and the Employee’s immediately involved supervisor to resolve problems through free and informal communication. If, however, the informal process fails to satisfy the Employee or the Association, a grievance may be processed as follows:
Step 1) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by Employee or the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2Association shall present the grievance to the immediately involved supervisor within twenty (20) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative days of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one occurrence of the following ways:
agrievance or within twenty (20) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative days of the Association accompany him in approaching his immediate supervisorwhen such occurrence might reasonably have been ascertained. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This The grievance shall be filed in quadruplicate with one copy writing, setting forth the nature of the occurrence, the specific provisions of the Agreement claimed to have been violated and the remedy requested. The Superintendent shall designate an immediate supervisor(s) for each Employee classification. The Superintendent’s designee shall arrange for a meeting to take place within seven (7) days
Step 2. If the Associationgrievance is not resolved at Step 1, one copy for then the grievant, one copy for Employee or the immediate supervisor, and one for Association may refer the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than to the Superintendent or designee within ten (10) days after disclosure receipt of the facts giving rise to the grievanceStep 1 answer. Within five (5) days of the filing of the formal grievance in writing a meeting The Superintendent or designee shall take place between the immediate supervisor, the grievant, and arrange with the Association representative and an answer for a meeting to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and take place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after receipt of the hearingappeal. Within five ten (510) days after such meeting, the Employee and the Association shall be provided with the written response of the Superintendent or designee.
Step 3. If the Association is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration. The American Arbitration Association shall act as administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of receipt of the decision at Level Threedate on which the Step 2 answer was due, then the grievance may shall be submitted to arbitration.
a) The parties will select an arbitrator according to deemed withdrawn. Neither the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and nor the Association agree that neither party shall be permitted in arbitration hearings to assert any ground grounds or to rely on any evidence before the Arbitrator which was not previously disclosed to the other party prior to such hearingsparty.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Step 1 - Oral Grievances
1) The number . To the Superintendent
a. At the option of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits tenured teacher, an oral grievance concerning placement on the seniority list, or compensation may be extended by mutual consent in writing by filed directly with the authorized representatives of each partySuperintendent. At Level Three and abovethe option of the probationary teacher, ▇▇▇▇▇▇▇▇’s counsel an oral grievance concerning compensation may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation filed directly with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal Superintendent. Any oral grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall must be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than within ten (10) school days after disclosure the occurrence of the facts giving rise alleged violation unless the grieved matter occurs within the last nine days of school, in which case, the grievance must be filed on or before June 30 of the current year.
b. The Superintendent may remand the grievance to the grievanceBuilding level if he/she deems it appropriate.
2. Within five To the Building Principal(s) or Director
a. Any teacher shall present an oral grievance to his/her Building Principal or Director within ten (510) school days after the occurrence unless the grieved matter occurs within the last nine days of school, in which case, the filing must be filed on or before June 30 of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the current year. The oral grievance shall be considered with or without the intervention of the Association. Any adjustment shall be consistent with the terms of this agreement. The Association representative shall be given the opportunity to be present at this adjustment.
1. To the Superintendent
a. If the oral grievance to the grievant Superintendent in Article ▇▇, ▇, ▇, a. above is not resolved at the oral level, the grievance must be submitted in writing on the Grievance Report Form (Appendix E-1) to the Superintendent within five (5) school days after of the initial oral grievance meeting. The form shall be signed by the grievant and the Association Representative or officer. The grievance process will proceed at Step 6 below. If the grievance is not settled filed in writing within those five (5) days, it shall be considered waived.
2. To the Building Principal(s) or Director
a. If the oral grievance is not resolved at Level Onethe oral level, the Association may, grievance must be submitted in writing on the Grievance Report Form (Appendix E-1) to the Building Principal or Director within five (5) school days after said decision, notify presentation of the Director of Human Resources that it intends to appeal the oral grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee Report Form shall give a written decision on the grievance within five (5) days thereafter and deliver it to be signed by the grievant and the AssociationAssociation Representative or officer. If the grievance is not settled at Level Two, it mayfiled in writing, within those five (5) days after receipt of school days, it shall be considered waived. If the Level Two decision by the grievant and the Associationgrievance involves more than one school building, it will be appealed to the Board by filing a written notice filed with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitrationPrincipal(s).
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 1 contract
Sources: Master Agreement
Procedures. 1) The number For the purposes of days indicated at each level should this Agreement, a grievance is defined as being a claim that there has been a violation of this Agreement and that the Board or the Union has acted, for the purpose of application, ration or interpretation, in a manner which violates this Agreement. When presented, in written form, a l l grievances must be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing signed by the authorized representatives of each party. At Level Three party aggrieved and above, ▇▇▇▇▇▇▇▇’s counsel may it i s understood that all grievance forms must be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise presented to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing other party or person grieved against within five (5) days after the meetingoccurrence of the matter which is the subject of grievance. Only the Union and its representatives shall have the right to originate a grievance on behalf of an employee, or group of employees and to seek adjustment with the employer in the manner provided in the Grievance Procedures. Such a grievance shall commence at Step If an employee has a complaint she shall first discuss her complaint with her immediate supervisor. Immediate supervisor is the first person outside the bargaining to whom she reports. If the subject of the complaint is not settled within a period of five (5) working days, then the following Steps in the Grievance Procedure should be f lowed : The aggrieved employee shall first submit the grievance to her ▇▇▇▇▇▇▇. If the ▇▇▇▇▇▇▇ considers the matter to be a grievance, as defined in then the employee, accompanied by her ▇▇▇▇▇▇▇, within five ( 5 ) working days from the day she ought t o have known of occurrence of the which is the subject of the grievance, present her grievance in writing to her Supervisor. The Supervisor shall answer in writing the grievance within five (5) working days after she has received same. If the grievance is not then settled, then the may, within five working after the written decision of the supervisor has been received or should have been received, present the grievance to either the Area Business Administrator or other representative designated by Board from time to time. In presenting such a grievance, the shall advise management of the remedies sought and any provision of this Agreement upon which the grievance is based. The Area Business Administrator or other representative designated by the Board shall answer the grievance in writing within five working days after the grievance has been received. If the grievance is not settled at Level One, the Association may, in accordance with Step then within five (5) ten days after said decisionthe decision of the Business Administrator or other designate has been received or should have been received, notify then the Director grievance may be presented to the Management Committee made up of Human Resources that it intends to appeal the Superintendent of Business, Employee Officer, Personnel Officer and one other designate. Upon receiving the grievance, stating the grounds for such an appeal. The Director Management Commit tee shall notify the Business Representative of Human Resources shallthe Union, within five (5) days after receipt thereof, convene a Level Two meeting between the Central members of the Union Grievance Committee and the of the time and place of a meeting when they w i l l discuss and consider the representations made and the decisions a t Step The meeting shall take place within ten (10) working days after the Management Committee has received the grievance and the decision of the Management Committee shall be given i n writing to the Business Representative of the Union within ten (10) working days after such a meet The Board may submit to the Union a grievance with respect to the conduct of the Union, its Officers, or Stewards, or members. Such a grievance may be presented by the Board’s Appeal Committee, in writing, to the Business Representative of the Union, within ten days after the occurrence of the matter which is the subject of the grievance. If such a grievance is not settled, then it my be referred to Arbitration in accordance with the provision of of this Agreement. The Board’s Appeal Committee shall give Union may submit a written decision on policy grievance which is distinguishable from the grievance of an individual employee and which concerns the Union itself and which alleges a violation of this Agreement. Such a grievance may be presented i n writing t o the as referred t o in the Grievance Procedure within five ten days after the alleged violation. If the grievance is not settled, it may then be referred to arbitration under the provisions of of this Agreement. Where a specific provision of this Agreement has been alleged to have been violated or misinterpreted, a group grievance (5i.e. two or more employees in one or more locations) days thereafter and deliver it may be presented by the Union denoting the number of employees affected. The grievance shall be signed by those grieving or by three members of the Union Executive, which shall identify those who are grieving. The grievance must be presented to the grievant and Management as referred to in the AssociationGrievance Procedure, within ten days after the alleged violation or misinterpretation. If the grievance is not settled at Level Twoit may be referred to Arbitration under the provisions of of this Agreement. In the event that a grievance is t o proceed to arbitration, it may, within five (5) days after receipt then the party going to arbitration must send a notice of the Level Two decision by the grievant and the Association, be appealed intention to proceed to arbitration to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur other party within twenty ten (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (710) days after the hearinglast Step in the Grievance Procedure has been exhausted. Within five (5) days The notice of receipt intention to proceed to arbitration shall. contain a statement of the decision at Level Threematter in dispute and the relief sought from an Arbitration The statement must also include the name and address of party's nominee to the proposed Arbitration Board. The party who receives the notice of intention to proceed to arbitration shall then notify the other party of the name and address of its nominee to the proposed Arbitration Board within ten (10) working days after receiving the notice. The two nominees so appointed shall attempt to select a Chairman for the Board, but i f they are unable to agree upon the selection within a period of ten (10) days, either of the nominees shall then have the right t o request the Minister of Labour for Ontario to appoint for the Arbitration Board. Each party shall bear the expenses of its own nominee to an Arbitration Board and the parties shall jointly and equally bear the expenses of the Chairman. No grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to a Board of Arbitration dealt with by a Board unless i t has been properly carried through all the provisions required Steps of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing Grievance and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) Arbitration Procedures. The Board of Arbitration may determine its own procedure but shall give full opportunity to all parties to present evidence and make representations to it. It shall hear and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground difference or to rely on any evidence not disclosed to the other party prior to such hearingsallegation and render a decision.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) . The number of days indicated at each level should be considered as maximum parties hereto acknowledge that it is usually most desirable for a teacher and every effort should his/her immediately involved supervisor to resolve problems through free and informal communications. An attempt shall be made by the grieving party to expedite resolve any grievance by means of an informal verbal communication between the processgrievant and his/her immediately involved supervisor. If, however, the informal process fails to satisfy the grievant, a grievance may be processed as follows.
2. If the grievance is not resolved informally, then the grievant shall present the grievance in writing to the Principal or Designee. The time limits may grievance shall specify the article and clause alleged to have been violated and shall state the remedy sought. The grievance shall be extended by mutual consent in writing by initiated at this step within ten (10) days from the authorized representatives point the grievant becomes aware of each party. At Level Three and above, the alleged ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing -tion, or should have become aware, whichever is later. The Principal or Designee shall be held after normal school hours.
3) Persons proper arrange for a meeting to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation take place with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than within ten (10) days after disclosure the receipt of the facts giving rise to the grievance. Within five The Principal or Designee shall provide a written answer to the grievant within ten (510) days of the filing receipt of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the scheduled meeting.
3. If the grievance is not settled resolved at Level OneStep B, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on aggrieved may refer the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, Superintendent or Designee within five ten (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (710) days after the hearingreceipt of the Step B answer. Within five The Superintendent or Designee shall
4. arrange for a meeting to take place within ten (510) days of his/her receipt of the decision at Level Threeappeal. Within ten (10) days of the meeting, the grievance may grievant shall be submitted to arbitrationprovided with the Superintendent’s written response.
a5. Within thirty (30) The parties will select an arbitrator according school days after receiving the decision, the Union may submit the grievance to arbitration under the provisions Voluntary Labor Arbitration rules of the “Public Employee Relations Act.” The arbitrator Federal Mediation and Conciliation Service. Expenses for the arbitration services shall render his decision in writing and both parties agree to be bound borne equally by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The School Board and the Association agree that neither party Union. The School Board and the Union shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearingspay for their own representation and transcript costs.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) Stage I : The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and Grievant will discuss the matter with his/her immediate supervisor in an effort to resolve the matter informally. Thereafter, the aggrieved party shall present his own behalf.
bgrievance signed and in writing, within fifteen (15) He may request that a representative school days of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In occurrence or the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance, or the date on which the event should reasonably have been known to the grievant. Within five (5) days The grievance shall identify the aggrieved party, the provision of the filing Agreement, the time when and place where the alleged events or condition constituting the grievance exists or occurred, and, if known, the identity of the formal person responsible for causing such events or condition, and a general statement of the grievance in writing a meeting shall take place between and redress sought by the immediate aggrieved party. The supervisor, or his representative, will meet with the grievant and/or his representative within five school days after receipt of the written grievance. The supervisor will deliver his written findings and determination within five school days after his/her meeting with the grievant, and the Association representative and an answer mailing or delivering a copy to the association president. Stage I I : If such a grievance shall be given is not resolved by Stage I, the aggrieved party may appeal in writing to the grievant in writing Superintendent within five (5) school days of his receipt of the Supervisor’s decision. The Superintendent, or his representative, shall meet with the aggrieved party and/or his representative within five (5) school days of the receipt of the appeal. The Superintendent shall deliver his written findings and determination within five (5) school days after his meeting with the meeting. If the grievance is not settled at Level Onegrievant, mailing or delivering a copy to the Association President. Stage III: The grievant may, within five (5) school days after said his receipt o f the Superintendent’s written decision, notify file his written notice of appeal with the Director President of Human Resources that it intends to appeal the grievance, stating Board of Education and the grounds for such an appealSuperintendent. The Director Board of Human Resources shall, Education shall hold a hearing within ten (10) school days thereafter and shall deliver its written decision within five (5) school days after receipt thereof, convene a Level Two meeting between of the Central Grievance Committee and hearing. Stage IV: In the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on event that the Board elects not to review the grievance at Stage III or if the Association or the Grievant is not satisfied with the Board determination at Stage III, the Association or the Board may elect arbitration. Such requests shall be made in writing and be made within five (5) school days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearingreceived in Stage III. Within five (5) school days of the request for arbitration, the parties shall meet to agree upon an arbitrator. If no arbitrator is mutually acceptable, a request shall be made to the Public Employment Relations Board (“PERB”) for a panel of seven (7) arbitrators from which the Association and the Superintendent or his designee shall alternately cross off one name until only one name remains, and such person shall be the arbitrator. Either party shall have the right to reject one panel within five (5) calendar days of receipt thereof by notice to the other party. The arbitrator chosen shall hold a hearing and determine the matter in accordance with the rules of the decision at Level Three, the grievance may PERB and his award shall be submitted to arbitration.
a) binding on both parties. The parties will select an arbitrator according to the provisions costs of the “Public Employee Relations Act.” The arbitrator such arbitration shall render his decision in writing and both parties agree to be bound borne equally by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearingsAssociation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum parties acknowledge that and every effort should be made to expedite the processemployee and an Administrator may resolve problems through free and informal communications. The time limits may informal disposition of problems in no way prohibits the Union from filing a grievance nor does it establish a precedent. However, a grievance shall be extended by mutual consent in writing by processed as follows: Informal Conference A complaint shall first be discussed with the authorized representatives object of each partyresolving the matter informally. At Level Three In the event the matter is resolved informally between the complainant and above, ▇▇▇▇▇▇▇▇’s counsel may be presentthe immediate supervisor the principal or supervisor shall inform the Union President of the adjustment.
2A. Step I The grievant shall present the grievance in writing, signed, dated and specifying the remedy sought, to the immediately involved administrator within ten (10) Hearing shall be held after normal school hours.
3days of the occurrence, or date the grievant had knowledge of the occurrence, whichever is later, stating the Article and Section of the Agreement alleged to have been violated. The administrator will arrange for a meeting to take place within (10) Persons proper days of receipt to be at hearings from Level Two on are defined as the grievance. The Union's representative, the grievant, and the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative immediately involved administrator shall be present for the meeting. Within ten (10) days of the Board meeting, the grievant and the Association. A teacher Union shall be provided with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach administrator's written response, including the immediate supervisor concerned and discuss reasons for the matter in his own behalfdecision.
b) He may request that a representative of B. Step II If the Association accompany him in approaching his immediate supervisor. In such casegrievance is not resolved at Step I, the supervisor Union shall not initiate any consultation with refer the grievant prior grievance to any scheduled meeting at which the representative is to be present.
c) In Superintendent or the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than Superintendent's official designee within ten (10) days after disclosure receipt of the facts giving rise Step I answer. The Superintendent shall arrange with the Union representative for a meeting to the grievance. Within five take place within ten (510) days of the filing Superintendent's receipt of the formal grievance in writing a appeal. Within ten (10) days of the meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance Union shall be given to provided with the grievant in writing within five (5) days after Superintendent's written response, including the meeting. reasons for the decision.
C. Step III If the grievance is not settled resolved at Level OneStep II, the Association may, within five (5) days after said decision, notify Union shall refer the Director of Human Resources that it intends grievance to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and School Board or the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance 's official designee within five ten (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (510) days after receipt of the Level Two decision by the grievant and the Association, be appealed Step II answer. Subject to the approval of the Board, the Board by filing a written notice shall arrange with the Superintendent stating Union representative for a meeting to take place within ten (10) days of the grounds for Board's receipt of the appeal. A Within ten (10) days of the meeting the Union shall be provided with the Board's written response, including the reasons for the decision.
D. Step IV If the Union is not satisfied with the disposition of the grievance at Step III, the Union may submit the grievance to final and binding arbitration with FMCS (Federal Mediation & Conciliation Service), which shall act as the administrator of the proceedings. If a demand for arbitration is not filed with the Board shall occur within twenty thirty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (530) days of receipt the date of the decision at Level ThreeStep III answer, then the grievance may shall be submitted to arbitrationdeemed withdrawn.
a) The parties will select an arbitrator according to 1. Neither the provisions of Board nor the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party grievant shall be permitted in arbitration hearings to assert any ground grounds or to rely on any evidence before the arbitrator which was not previously disclosed to the other party.
2. The arbitrator shall have no power to alter the terms of this Agreement.
3. Each party prior to shall bear the full costs for its representation in the grievance procedure.
4. The fees and the expenses of the arbitrator shall be shared equally by the parties.
5. If only one party requests the presence of a court reporter, that party shall bear the cost of the reporter. If both parties request a court reporter, they shall share the cost equally.
6. If only one party requests the postponement of an arbitration hearing, that party shall bear the cost of such hearingspostponement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1. Any grievance arising between the Employer and the Union or any employee(s) The number of days indicated at each level should represented by the Union shall be considered as maximum and every effort should be made to expedite settled in the processfollowing manner:
STEP 1. The time limits may be extended by mutual consent in writing by aggrieved employee or employees must present the authorized representatives of each party. At Level Three and above, grievance to the first line supervisor through the shop ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing ▇ within five (5) working days after knowledge of the meetinggrievance or the reason for the grievance has occurred. If a satisfactory settlement is not reached with the first line supervisor within three (3) working days, the grievance is not settled at Level One, may be appealed to Step 2.
STEP 2. The union business representative shall then take the Association may, matter up with a representative of the employer with authority to act upon such grievance. A decision must be made within five (5) days after said decisionworking days.
STEP 3. If no satisfactory settlement can be agreed upon, notify the Director matter may be referred to the New Jersey State Mediation Service. After the New Jersey State Mediation Service submits a list of Human Resources that it intends arbitrators to appeal the grievanceUnion and the Employer, stating they shall reply with their preferred selection within the grounds for such an appealtime limits set forth by the New Jersey Mediation Service. The Director Arbitrator shall not have the authority to amend or modify this Agreement or establish new terms or conditions under this Agreement. A mutual settlement of Human Resources shall, within five (5) days after receipt thereof, convene the grievance pursuant to the procedures set forth herein and/or a Level Two meeting between decision of the Central Grievance Committee Arbitrator will be final and binding on all parties and the Board’s Appeal Committeeemployees involved. The Board’s Appeal Committee expense of the Arbitrator selected or appointed shall give a written decision on be borne equally by the grievance within five (5) days thereafter Employer and deliver it the Union. The Local Union, or its authorized representative, shall have the right to examine the time sheets and other records pertaining to the grievant and the Associationcomputation of compensation of any individuals whose pay is in dispute or records pertaining to a specific grievance. If the grievance is not settled at Level Two, it may, within five (5) days after receipt The procedures set forth herein may be invoked only by an authorized representative of the Level Two decision by Employer or the grievant and the Association, Union. An appeal to arbitration shall be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within instituted in writing twenty (20) calendar days following from the receipt of a decision at Step 2, then within twenty-five (25) calendar days from presenting the grievance at Step 2. Failure at any step of this procedure to appeal a grievance to the next step within this specified time limit shall be deemed to be an abandonment of such noticegrievance and the decision rendered therein shall stand for the particular grievance. It is understood that employees shall, during and notwithstanding the pendency of any grievance, continue to observe all assignments, instructions, and the Superintendent shall promptly notify the grievant applicable rules and the Association regulations of the dateTownship of Readington, timeor its designee, until such grievance and place where such appeal will be heardany effect thereof shall have been fully determined. The Board’s written Failure at any step of this procedure to communicate the decision of the grievance within the specified time limits shall permit the aggrieved to proceed to the next step. However, a failure to render a decision shall not be transmitted considered as an acquiescence to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitrationgrievance.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum parties hereto acknowledge that it is incumbent upon the ParaEducator and every effort should be made his/her immediate supervisor to expedite the processresolve problems through free and informal communications. The time limits may be extended by mutual consent in writing When requested by the authorized representatives ParaEducator, an Association representative may accompany the ParaEducator in order to assist in the informal resolution of each partythe grievance. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing Nothing contained herein shall be held after normal school hours.
3) Persons proper construed as limiting the right of any ParaEducator having a grievance to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalfinformally with his/her immediate supervisor and having the grievance adjusted, provided the resolution agreed to is not inconsistent with the terms of this Agreement.
b) He may request that a representative of 1. Level One The formal grievance procedure begins when the ParaEducator or the Association accompany him in approaching his immediate supervisor. In such case, presents the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by to the Human Resources DepartmentDivision Chair. This form is shown in The grievance statement must specify the Appendix 7 nature of the grievance, section of this contractAgreement which has been violated, and the remedy sought. This Such grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten submitted within twenty (1020) days after disclosure of the facts occurrence or knowledge of the event giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing The supervisor shall arrange for a meeting shall to take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by grievance statement. The grievant, Association representative or immediate supervisor may invite the grievant and person or persons of his/her choice to meet with the supervisor to help settle the grievance. If the aggrieved does not request representation from the Association, the Association shall be appealed made aware of the meeting and be allowed to attend the meeting. The supervisor shall provide a written answer to the Board by filing a written notice grievance together with the Superintendent stating supporting reasons therefore. Copies shall be given to the grounds for appeal. A meeting with grievant, the Board shall occur within twenty (20) days following receipt of such notice, Association and to the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven three (73) days after the hearingmeeting.
2. Within Level Two If the grievance is not resolved at Level One, or if no decision has been rendered within three (3) days after the meeting at Level One, the grievant or Association may appeal to the Principal of the building (or his/her designee) in which the grievance is alleged to have occurred. The appeal must be in writing and must include the original written grievance to the supervisor, a copy of the supervisor's written response, and statement why the response does not resolve the grievance within (5) days. The Principal (or his/her designee) shall thereafter schedule a meeting with the grievant, the Association, the supervisor, and the person or persons chosen by the grievant within five (5) days of receipt of the grievance. Within three (3) days after such meeting, the Principal shall issue a written decision, including the reasons upon which the decision was based, with copies furnished to the grievant, the Association, and the immediate supervisor.
3. Level Three If the Principal's (or his/her designee’s) response does not resolve the grievance, the grievant shall have five (5) school days in which to appeal in writing to the Superintendent. This appeal shall include copies of all written documents exchanged to the point of the Level Three appeal and a written statement of rationale as to why the Principal's response does not constitute resolution. The Superintendent shall have five (5) school days to schedule a meeting between the grievant and his/her Association representative and the Superintendent (or his/her designee). The Superintendent (or his/her designee) shall have ten (10) school days after the meeting to respond in writing.
4. Level Four Should the grievance still not be resolved at Level Three, the grievance may grievant shall have five (5) school days from delivery of the Superintendent's (or his/her designee’s) written response to appeal to the Board. This appeal shall be submitted in writing, addressed to arbitrationthe secretary of the Board of Education and shall include all written documents exchanged through Level Three in addition to a statement of rationale detailing why the Superintendent's (or his/her designee’s) response does not constitute resolution. Within ten (10) school days, the Board of Education (or its designee(s)) will schedule a meeting between the Board (or its designee(s)) and the grievant and grievant's Association representative to hear argument and gather information from appropriate sources. Within ten (10) school days of the hearing or within five (5) school days of the next scheduled Board meeting following the hearing, whichever is later, the Board (or its designee(s)) shall respond in writing to the grievant and Association.
a) The parties will select an arbitrator according to 5. Level Five In the provisions event the grievance is not resolved, the Association may, on behalf of the “Public Employee Relations Act.” grievant, within fifteen (15) school days, submit the grievance to binding arbitration through the American Arbitration Association (AAA). The arbitrator shall render his decision in writing rule only on the alleged violation and both parties agree shall have no power to be bound alter the terms and/or conditions of this Agreement or the working conditions of ParaEducators covered by the award this Agreement. Each party shall bear 50% of the arbitrator and agree full cost of arbitration, except that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither each party shall be permitted in arbitration hearings to assert bear full cost for any ground or to rely on any evidence not disclosed to transcripts of the other party prior to such hearingsproceeding it requests.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) A. The number of days indicated at each level should be considered as maximum and every effort should be made to expedite bargaining unit member will discuss orally with his/her immediate supervisor the process. The time limits may be extended by mutual consent in writing alleged grievance.
B. If the grievance is not resolved by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievantoral discussion, the Central Grievance Committee, Board’s Appeal Committee, witnesses unit member or his/her association representative will reduce the grievance to writing and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach present it to the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than within ten (10) working days following the occurrence giving rise to the grievance. The immediate supervisor will respond in writing within five (5) working days after disclosure receipt of the facts written grievance.
Step 2 Any grievance not resolved in Step 1 shall be presented in writing, signed by the aggrieved party or his/her representative, and presented to the next appropriate higher level of supervision within ten (10) regular workdays following the occurrence giving rise to the grievance. Within five (5) days workdays after receipt of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the written grievance, stating this supervisor shall meet with the grounds for such an appeal. The Director of Human Resources employee, Unit President or designee and shall, within five (5) days workdays after the meeting, provide a written answer to the employee with a copy to the Unit President. Any grievance not resolved in Step 2 shall be presented to the Superintendent or designee within three (3) workdays of the receipt thereofof the Step 2 answer. Within ten (10) workdays after the receipt of the grievance, convene a Level Two meeting between the Central Grievance Committee Superintendent or designee shall meet with the grievant or his/her designee and the Board’s Appeal CommitteeField Representative. The Board’s Appeal Committee A written answer shall give a written decision on be provided by the grievance Superintendent or designee within five (5) days thereafter workdays of the Step 3 meeting. Upon mutual agreement of the Association and deliver it the District, any grievance affecting the entire unit or bargaining unit members in more than one building may be filed directly to the grievant and Superintendent or designee within ten (10) regular workdays following the Association. occurrence giving rise to the grievance.
A. If the grievance is not settled at Level Tworesolved in Step 3, it the employee with the approval of the Executive Committee of the Association, may, within five thirty (530) days after from the receipt of the Level Two decision Step 3 answer, submit the grievance to the American Arbitration Association for arbitration in accordance with its voluntary labor arbitration rules.
B. The fees and expenses of the arbitrator shall be shared equally by the grievant parties. Each party shall be responsible for its own expenses for preparation, legal counsel, records, witnesses, and other costs necessary to arbitration.
C. The decision of the arbitrator shall be final and binding on all parties.
D. Unless the grievance is raised and appealed within the time limits set forth herein, which may be extended only by written consent of both the District and the Association, it shall be appealed deemed that there has been a waiver of the right to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, arbitration and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision matter shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitrationclosed.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) A. In the event that steps “a” or “b” are unsuccessfula grievant believes there is a basis for a grievance, the teacher grievant may file a first discuss the alleged grievance with his/her principal or other appropriate supervisor either personally or accompanied by his/her Association representative.
B. Any employee may present his/her grievance to the District and have such grievance adjusted without the intervention of the Association, as long as the Association has been given an opportunity to be present at that adjustment and to make its views known, and as long as the adjustment is not inconsistent with the terms of this Agreement.
C. If the grievance is not resolved in A or B above, formal grievance procedures may be instituted.
STEP 1. The grievant may invoke the formal grievance procedure through the Association on the grievance form which will be available from the Association representative in writing on each building. A copy of the grievance form shall be delivered to the principal or appropriate supervisor. If the grievance involves more than one (1) school building, it may be filed with the Superintendent or a form provided representative designated by the Human Resources DepartmentSuperintendent. This form A grievance must be filed within twenty (20) days of the occurrence or knowledge of the event of which he/she complains.
STEP 2. If the grievant is shown in not satisfied with the Appendix 7 disposition of this contract. This the grievance, the grievance shall be filed in quadruplicate with one copy for transmitted to the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources DepartmentSuperintendent within five (5) days. A formal grievance shall be filed as soon as possible, but in no event longer than Within ten (10) days after disclosure upon receipt the
STEP 3. If the grievant is not satisfied with the disposition of the facts giving rise grievance by the superintendent, the grievance shall be transmitted to the grievance. Within Chairman of the School Board within five (5) days. Within ten (10) days upon receipt the Board shall meet with the grievant and his/her Association representative on the grievance and shall indicate the disposition of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after of such meeting, and shall furnish a copy thereof to the meetinggrievant(s) and to the Association.
STEP 4. If the grievance grievant is not settled at Level Onesatisfied with the disposition of the grievance by the Board, the grievance, only at the option of the Association, may be submitted before an impartial arbitrator. The Association may, shall exercise its rights of arbitration by giving the Superintendent written notice of its intention to arbitrate within ten (10) days of receipt of the written disposition of the Board. If the parties cannot agree to the arbitrator within five (5) days after said decisionfrom the notification date that arbitration will be pursued, notify the Director of Human Resources that it intends to appeal arbitrator shall be selected by the grievanceAmerican Arbitration Association in accordance with its rules, stating which rules shall likewise govern the grounds for such an appealarbitration proceeding. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee parties shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert in such arbitration proceeding any ground rule or to rely on any evidence not disclosed to presented at an earlier step. The decision of the other party prior to such hearingsarbitrator shall be final and binding upon both parties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1A. Any grievance must be filed within ten (10) The days of the aggrieved act or it shall be deemed forever waived by the grievant.
B. Since it is important that a grievance be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum a maximum, and every effort should be made to expedite the process. The .
C. In the event a grievance is filed on or after the closing of the school year, which, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the parties agree to make a good faith effort to reduce the time limits set forth herein so that the grievance procedure may be extended by mutual consent in writing by exhausted as soon as is practicable.
D. Nothing herein contained will be construed as limiting the authorized representatives right of each party. At Level Three any grievant having a grievance to discuss the matter informally and aboveconfidentially with any appropriate member of the administration, ▇▇▇▇▇▇▇▇’s counsel and having the grievance adjusted without intervention of the Association; provided the adjustment is not inconsistent with the terms of this grievance procedure.
E. Any aggrieved person may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be represented at hearings from Level Two on are defined as all stages of the grievance procedure by himself/ herself, or, at the grievant’s option, the Central Grievance Committee, Board’s Appeal Committee, witnesses and by a designated representative of the Board and selected or approved by the Association. In any event the Association shall have a right to have a representative present and to state its views at all stages of the grievance procedure.
F. Oral Informal Discussion with Principal or Immediate Supervisor A teacher grievant with a tentative grievance may initiate this procedure in one must first discuss it informally with the principal or where the grievant is not under the direct supervision of a principal, with the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his grievant’s immediate supervisor. In such caseThe principal/immediate supervisor shall prepare a written memo of the discussion noting the date of the aggrieved act, the date the complaint was first made and the date of the discussion with the grievant. The principal/immediate supervisor shall forward a copy of this memo to the Executive Director of Human Resources.
G. Level One - Written Formal Grievance to Principal If the aggrieved party is not initiate any consultation satisfied with the grievant prior to any scheduled meeting at which disposition of the representative is to be present.
c) In grievance by the event that steps “a” principal or “b” are unsuccessfulimmediate supervisor, the teacher grievant may file a formal written grievance in writing with the principal/immediate supervisor on a form forms provided by the Human Resources Department. This form is shown in School District and the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within Association within five (5) days of the filing informal conference or ten (10) days of the formal grievance aggrieved act, whichever is longer. The principal shall communicate the decision in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant all parties in writing interest within five ten (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (510) days after receipt of the grievance. The decision shall include supporting reasons therefor.
H. Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty - Executive Director of Human Resources Within ten (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (510) days of receipt of the decision rendered by the principal/immediate supervisor, any party in interest may appeal the principal’s/immediate supervisor’s decision to the Executive Director of Human Resources on forms provided by the School District and the Association. The appeal shall include a copy of the Level One decision and the grounds for regarding the decision as incorrect. Within ten (10) days of receipt of the appeal, the Executive Director of Human Resources shall communicate a decision in writing to all parties in interest. The decision shall include supporting reasons therefor.
I. Level Three - Superintendent Within ten (10) days of receipt of the decision rendered by the Executive Director of Human Resources, any party in interest may appeal the Director’s decision to the Superintendent, or designee, on forms provided by the School District and the Association. The appeal shall include a copy of the decisions of Level One and Level Two and the grounds for regarding the decision as incorrect. Within ten (10) days after receipt of the appeal, the Superintendent, or designee, shall communicate the decision in writing to all parties in interest. The decision shall include supporting reasons therefor.
J. Level Four - Board of Education Within ten (10) days of receipt of the decision rendered by the Superintendent, any party in interest may appeal the Superintendent’s decision to the Board of Education on forms provided by the School District and the Association. The appeal shall include a copy of decisions of Level One, Level Two, Level Three and the grounds for regarding the decision as incorrect. Within ten (10) days after receipt of the appeal, the Board of Education shall set a hearing for the grievance and shall forward written notice of the time and place of the hearing to all parties in interest. Within fifteen (15) days of hearing of the appeal, the Board of Education shall communicate its decision in writing to all parties in interest. The decision shall include supporting reasons therefor. The decision of the Board of Education shall be final.
K. Failure at any step of this procedure to communicate the decision in writing on a grievance within the specified time limits shall permit any party in interest to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step.
L. No reprisals of any kind will be taken by the Board of Education or any member of the administration against any party in interest or any other party involved directly or indirectly in the grievance procedure.
M. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the permanent central office files of the participants.
N. Forms for processing grievances will be printed by the Board of Education and the Association and given appropriate distribution by the parties so as to facilitate operation of the grievance procedure.
O. Every effort will be made by all parties to avoid interruption of classroom activities and to avoid the involvement of students in all phases of the grievance procedure.
P. If in the judgment of the Executive Director of Human Resources and the Association, a grievance affects a group or class of teachers, the Association may submit such grievance in writing to the Superintendent directly and the processing of the grievance shall be commenced at Level Three, .
Q. All parties in interest are required to exhaust the grievance may be submitted to arbitrationprocedure set forth in this article before seeking alternative remedies.
a) The parties R. If any party in interest elects to pursue any legal or statutory remedy for any grievance, such election will select an arbitrator according to bar any further or subsequent proceedings for relief under the provisions of this procedure.
S. It is appropriate at each level of the “Public Employee Relations Act.” The arbitrator grievance process to determine whether such grievance is a proper grievable item as defined herein. If at any level it is determined that the grievance is not a proper grievable item, then that determination should be noted in the decision rendered. This Agreement, and all items agreed on pursuant to this Agreement, when adopted and signed by both parties, shall render his decision remain in writing and both parties agree to be bound effect for so long as the Association is recognized as the lawful representative of the certified personnel of the Union School District or until modified by the award of the arbitrator and agree that judgment thereon may be entered parties in any court of competent jurisdiction.
b) The Board and the Association agree that neither writing. Either party desiring changes in this Agreement shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to notify the other party in writing at least thirty (30) days prior to any regular meeting of the negotiations committee. Any changes in this Agreement must be made by a majority consent of both the Board and Association. If any provision or application of this Agreement shall be found contrary to law, such hearings.provision or application shall have effect only to the extent permitted by law. Adopted Negotiated Policy, 3-12-73 Revised Negotiated Policy, 12-5-88 Revised Negotiated Policy, 8-14-95 Revised Negotiated Policy, 10-14-02 Revised Negotiated Policy, 6-19-03 Revised Negotiated Policy, 8-29-05 Revised Negotiated Policy, 5-14-07 Revised Negotiated Policy, 8-27-07 Revised Negotiated Policy, 8-11-08 Revised Negotiated Policy, 11-14-11 Revised Negotiated Policy, 6-8-15 Revised Negotiated Policy, 6-12-17 BACHELOR'S State-Paid Monthly State Monthly State 0 31,600 34,000 993.84 60.15 35,054 594.90 69.72 1 31,975 34,390 993.84 103.41 35,487 594.90 69.72 2 32,350 34,781 993.84 145.65 35,920 594.90 69.72 3 32,725 35,171 993.84 188.15 36,353 594.90 69.72 4 33,100 35,562 993.84 233.33 36,789 594.90 69.72 5 33,500 35,990 993.84 278.76 37,263 594.90 69.72 6 33,900 36,427 993.84 325.26 37,746 594.90 69.72 7 34,300 36,863 993.84 372.82 38,230 594.90 69.72 8 34,700 37,300 993.84 421.44 38,715 594.90 69.72 9 35,100 37,737 993.84 471.12 39,202 594.90 69.72 10 35,950 38,116 993.84 521.87 39,632 594.90 69.72 11 36,375 38,598 993.84 573.67 40,166 594.90 69.72 12 36,800 39,080 993.84 626.54 40,700 594.90 69.72 13 37,225 39,563 993.84 680.48 41,237 594.90 69.72 14 37,650 40,045 993.84 735.47 41,774 594.90 69.72 15 38,075 40,558 993.84 791.53 42,343 594.90 69.72 16 38,500 41,090 993.84 848.65 42,932 594.90 69.72 17 38,925 41,622 993.84 906.83 43,523 594.90 69.72 18 39,350 42,154 993.84 966.07 44,114 594.90 69.72 19 39,775 42,686 993.84 1,026.38 44,706 594.90 69.72 20 40,200 43,298 993.84 1,087.75 45,380 594.90 69.72 21 40,625 43,930 993.84 1,150.18 46,074 594.90 69.72 22 41,050 44,561 993.84 1,213.68 46,769 594.90 69.72 23 41,475 45,193 993.84 1,278.23 47,465 594.90 69.72 24 41,900 45,825 993.84 1,343.85 48,163 594.90 69.72 25 42,325 46,026 993.84 1,410.53 48,430 594.90 69.72 26 42,325 46,426 993.84 1,410.53 48,830 594.90 69.72 27 42,325 47,226 993.84 1,410.53 49,630 594.90 69.72 28 42,325 48,026 993.84 1,410.53 50,430 594.90 69.72 29 42,325 48,826 993.84 1,410.53 51,230 594.90 69.72 30 42,325 49,626 993.84 1,410.53 52,030 594.90 69.72 31 42,325 50,626 993.84 1,410.53 53,030 594.90 69.72 32 42,325 50,626 993.84 1,410.53 53,030 594.90 69.72 33 42,325 50,626 993.84 1,410.53 53,030 594.90 69.72 34 42,325 51,626 993.84 1,410.53 54,030 594.90 69.72 35 42,325 51,626 993.84 1,410.53 54,030 594.90 69.72 36 42,325 51,626 993.84 1,410.53 54,030 594.90 69.72 37 42,325 52,626 993.84 1,410.53 55,030 594.90 69.72 38 42,325 52,626 993.84 1,410.53 55,030 594.90 69.72 39 42,325 52,626 993.84 1,410.53 55,030 594.90 69.72 40 42,325 53,626 993.84 1,410.53 56,030 594.90 69.72 41 42,325 53,626 993.84 1,410.53 56,030 594.90 69.72 * Teachers who obtained National Board Certifcation after June 30, 2013, will receive $1,000 added to base salary reflected on the salary schedule (except those teachers who applied for NBC prior to June 30, 2013, who are under the previous NBC bonus program). ** Includes the district portion of single health ($17.76 X 24 = $426.24/year), dental ($16.47 X 24 = $395.28/year), vision ($.34 X 24 = $8.16/year), life ($1.70 X 24 = $40.80/year), short-term disability and long-term disability ($5.14 X 24 = $123.36/year) above state Flexible Benefit Allowance. *** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. **** The State Flexible Benefit Allowance-A is $594.90 per month ($594.90 x 12 = $7138.80/year). One half of the monthly amount ($297.45) to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-A is only available to employees who participate in the district's group health insurance plan. ***** The State Flexible Benefit Allowance-B is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. 0 31,600 34,500 993.84 60.15 35,554 594.90 69.72 1 31,975 34,890 993.84 103.41 35,987 594.90 69.72 2 32,350 35,281 993.84 145.65 36,420 594.90 69.72 3 32,725 35,671 993.84 188.15 36,853 594.90 69.72 4 33,100 36,062 993.84 233.33 37,289 594.90 69.72 5 33,500 36,490 993.84 278.76 37,763 594.90 69.72 6 33,900 36,927 993.84 325.26 38,246 594.90 69.72 7 34,300 37,363 993.84 372.82 38,730 594.90 69.72 8 34,700 37,800 993.84 421.44 39,215 594.90 69.72 9 35,100 38,237 993.84 471.12 39,702 594.90 69.72 10 35,950 38,716 993.84 521.87 40,232 594.90 69.72 11 36,375 39,198 993.84 573.67 40,766 594.90 69.72 12 36,800 39,680 993.84 626.54 41,300 594.90 69.72 13 37,225 40,163 993.84 680.48 41,837 594.90 69.72 14 37,650 40,645 993.84 735.47 42,374 594.90 69.72 15 38,075 41,158 993.84 791.53 42,943 594.90 69.72 16 38,500 41,690 993.84 848.65 43,532 594.90 69.72 17 38,925 42,222 993.84 906.83 44,123 594.90 69.72 18 39,350 42,754 993.84 966.07 44,714 594.90 69.72 19 39,775 43,286 993.84 1,026.38 45,306 594.90 69.72 20 40,200 43,998 993.84 1,087.75 46,080 594.90 69.72 21 40,625 44,630 993.84 1,150.18 46,774 594.90 69.72 22 41,050 45,261 993.84 1,213.68 47,469 594.90 69.72 23 41,475 45,893 993.84 1,278.23 48,165 594.90 69.72 24 41,900 46,525 993.84 1,343.85 48,863 594.90 69.72 25 42,325 46,726 993.84 1,410.53 49,130 594.90 69.72 26 42,325 47,126 993.84 1,410.53 49,530 594.90 69.72 27 42,325 47,926 993.84 1,410.53 50,330 594.90 69.72 28 42,325 48,726 993.84 1,410.53 51,130 594.90 69.72 29 42,325 49,526 993.84 1,410.53 51,930 594.90 69.72 30 42,325 50,426 993.84 1,410.53 52,830 594.90 69.72 31 42,325 51,426 993.84 1,410.53 53,830 594.90 69.72 32 42,325 51,426 993.84 1,410.53 53,830 594.90 69.72 33 42,325 51,426 993.84 1,410.53 53,830 594.90 69.72 34 42,325 52,426 993.84 1,410.53 54,830 594.90 69.72 35 42,325 52,426 993.84 1,410.53 54,830 594.90 69.72 36 42,325 52,426 993.84 1,410.53 54,830 594.90 69.72 37 42,325 53,426 993.84 1,410.53 55,830 594.90 69.72 38 42,325 53,426 993.84 1,410.53 55,830 594.90 69.72 39 42,325 53,426 993.84 1,410.53 55,830 594.90 69.72 40 42,325 54,426 993.84 1,410.53 56,830 594.90 69.72 41 42,325 54,426 993.84 1,410.53 56,830 594.90 69.72 * Teachers who obtained National Board Certifcation after June 30, 2013, will receive $1,000 added to base salary reflected on the salary schedule (except those teachers who applied for NBC prior to June 30, 2013, who are under the previous NBC bonus program). ** Includes the district portion of single health ($17.76 X 24 = $426.24/year), dental ($16.47 X 24 = $395.28/year), vision ($.34 X 24 = $8.16/year), life ($1.70 X 24 = $40.80/year), short-term disability and long-term disability ($5.14 X 24 = $123.36/year) above state Flexible Benefit Allowance. *** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. **** The State Flexible Benefit Allowance-A is $594.90 per month ($594.90 x 12 = $7138.80/year). One half of the monthly amount ($297.45) to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-A is only available to employees who participate in the district's group health insurance plan. ***** The State Flexible Benefit Allowance-B is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. MASTER'S State-Paid Monthly State Monthly State 0 32,800 35,810 993.84 60.15 36,864 594.90 69.72 1 33,175 36,200 993.84 103.41 37,297 594.90 69.72 2 33,550 36,591 993.84 145.65 37,730 594.90 69.72 3 33,925 36,981 993.84 188.15 38,163 594.90 69.72 4 34,300 37,372 993.84 233.33 38,599 594.90 69.72 5 34,700 37,800 993.84 278.76 39,073 594.90 69.72 6 35,100 38,237 993.84 325.26 39,556 594.90 69.72 7 35,500 38,673 993.84 372.82 40,040 594.90 69.72 8 35,900 39,110 993.84 421.44 40,525 594.90 69.72 9 36,300 39,546 993.84 471.12 41,011 594.90 69.72 10 37,575 40,057 993.84 521.87 41,573 594.90 69.72 11 38,000 40,539 993.84 573.67 42,107 594.90 69.72 12 38,425 41,021 993.84 626.54 42,641 594.90 69.72 13 38,850 41,503 993.84 680.48 43,177 594.90 69.72 14 39,275 41,986 993.84 735.47 43,715 594.90 69.72 15 39,700 42,498 993.84 791.53 44,283 594.90 69.72 16 40,125 43,030 993.84 848.65 44,872 594.90 69.72 17 40,550 43,562 993.84 906.83 45,463 594.90 69.72 18 40,975 44,094 993.84 966.07 46,054 594.90 69.72 19 41,400 44,626 993.84 1,026.38 46,646 594.90 69.72 20 41,825 45,437 993.84 1,087.75 47,519 594.90 69.72 21 42,250 46,069 993.84 1,150.18 48,213 594.90 69.72 22 42,675 46,701 993.84 1,213.68 48,909 594.90 69.72 23 43,100 47,332 993.84 1,278
Appears in 1 contract
Sources: Master Contract
Procedures. 1The parties hereto acknowledge that it is usually most desirable for an employee and the immediately involved supervisor to resolve problems through free and informal communication, provided the resolution is consistent with the terms of this document. The informal discussion shall take place within fifteen (15) days of the occurrence of the event, which initiated the alleged grievance. The number Board acknowledges the right of days indicated the Association to assist a grievant at each any level should be considered of the grievance procedure if it obtains the consent of the grievant, and the Association acknowledges the right of any member of the Administration to receive assistance as maximum and every effort should be made desired in any step of the grievance procedure. Failure of any grievant to expedite abide by the processprescribed timelines shall prohibit the grievant from proceeding to the next step. The time limits limits, however, may be extended by mutual consent in writing by written agreement between the authorized representatives of each partyparties. At Level Three and aboveany step of the grievance procedure, ▇▇▇▇▇▇▇▇’s counsel the grievant may have representation of his/her choice. A grievance involving the act of any Administrator above the building level shall initially be presentfiled at Step 2 of the grievance procedure after the grievant has first verbally consulted the Administrator involved.
2) Hearing shall A. STEP 1 – If the alleged grievance cannot be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievantresolved informally, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of grievant shall present the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by to the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in immediately involved supervisor no event longer later than ten (10) days after disclosure following the process. The written information contained in the filed grievance shall contain the following:
1. A description of the facts giving rise to the grievance. Within five (5) days specific grounds of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating including the grounds specific action or lack of action being grieved, including names, dates and places necessary for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt complete understanding of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appealgrievance;
2. A meeting with the Board shall occur within twenty (20) days following receipt listing of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of this Agreement, the “Public Employee Relations Act.” The arbitrator shall render his decision in writing Article or Articles and both parties agree Sections or Paragraphs, which are alleged to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground have been violated or to rely on any evidence not disclosed to the other party prior to such hearings.misapplied;
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Step 1 - Oral Grievances
1) The number . To the Superintendent
a. At the option of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits tenured teacher, an oral grievance concerning placement on the seniority list, layoff, recall, or compensation may be extended by mutual consent in writing by filed directly with the authorized representatives of each partySuperintendent. At Level Three and abovethe option of the probationary teacher, ▇▇▇▇▇▇▇▇’s counsel an oral grievance concerning compensation may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation filed directly with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal Superintendent. Any oral grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall must be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than within ten (10) school days after disclosure the occurrence of the facts giving rise alleged violation unless the grieved matter occurs within the last nine days of school, in which case, the grievance must be filed on or before June 30 of the current year. N: 89, 10
b. The Superintendent may remand the grievance to the grievanceBuilding level if he/she deems it appropriate. Within five N: 86
2. To the Building Principal(s) or Director
a. Any teacher shall present an oral grievance to his/her Building Principal or Director within ten (510) school days after the occurrence unless the grieved matter occurs within the last nine days of school, in which case, the filing must be filed on or before June 30 of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the current year. The oral grievance shall be considered with or without the intervention of the Association. Any adjustment shall be consistent with the terms of this agreement. The Association representative shall be given the opportunity to be present at this adjustment. R:75, 80, 86, 10 Step 2 – Written Grievances
1. To the Superintendent
a. If the oral grievance to the grievant Superintendent in Article XII, C, 1, a. above is not resolved at the oral level, the grievance must be submitted in writing on the Grievance Report Form (Appendix E-1) to the Superintendent within five (5) school days after of the initial oral grievance meeting. The form shall be signed by the grievant and the Association Representative or officer. The grievance process will proceed at Step 6 below. If the grievance is not settled filed in writing within those five (5) days, it shall be considered waived. N: 86, R: 10
2. To the Building Principal(s) or Director
a. If the oral grievance is not resolved at Level Onethe oral level, the Association may, grievance must be submitted in writing on the Grievance Report Form (Appendix E-1) to the Building Principal or Director within five (5) school days after said decision, notify presentation of the Director of Human Resources that it intends to appeal the oral grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee Report Form shall give a written decision on the grievance within five (5) days thereafter and deliver it to be signed by the grievant and the AssociationAssociation Representative or officer. If the grievance is not settled at Level Two, it mayfiled in writing, within those five (5) days after receipt of school days, it shall be considered waived. If the Level Two decision by the grievant and the Associationgrievance involves more than one school building, it will be appealed to the Board by filing a written notice filed with the Superintendent stating the grounds for appealPrincipal(s). A meeting with the Board shall occur within twenty (20) days following receipt of such noticeR: 86, and the Superintendent shall promptly notify the grievant and the Association of the date06, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted 10 Step 3 – Meeting to the grievant and the Association within seven (7) days after the hearing. Resolve Written Grievance Within five (5) school days of after the receipt of the decision at Level Threewritten grievance, the administrator shall meet with the teacher and Association Representative or officer in an effort to resolve the written grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.Step 2. R: 10
Appears in 1 contract
Sources: Master Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should An attempt shall first be made to expedite resolve any grievance in informal discussion between the processcomplainant and his/her building principal (or Superintendent if filed directly at Step II). The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and aboveIf, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievanthowever, the Central Grievance Committeeinformal process fails to satisfy either party, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on may be processed as follows:
STEP I BUILDING PRINCIPAL If the grievance cannot be resolved informally, a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate writing with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten principal within twenty-five (1025) days after disclosure from the date of the facts occurrence of the event giving rise to the grievance. Within five (5) days The written grievance shall state the nature of the filing grievance, the specific clause or clauses of the formal grievance in writing a meeting shall take place between the immediate supervisorAgreement allegedly violated, the grievantmisinterpreted or misapplied, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearingremedy requested. Within five (5) days of receipt of the decision at Level Threegrievance, the principal shall schedule a meeting to discuss the matter with the grievant, or representative if the grievant is represented. The principal shall make a decision and communicate it in writing to the grievant(s), the Association, and the Superintendent within ten (10) days after the meeting.
STEP II SUPERINTENDENT In the event a grievance has not been satisfactorily resolved at Step I, an appeal may be filed, in writing, to the Superintendent within five (5) days of delivery of the principal’s written decision. The Superintendent shall, within ten (10) days after receipt of the written appeal, schedule a meeting with the grievant, or representative if the grievant is represented. The Superintendent shall make a decision and communicate it in writing to the grievant, the principal (if applicable) and the Association within ten (10) days of the meeting. Class grievances involving one or more Unit Members from different school buildings or any grievance involving the act of an Administrator above the building level shall be initially filed at Step II of the grievance process.
STEP III BOARD OF EDUCATION If the grievance has not been satisfactorily resolved at Step II, an appeal may be filed in writing to the Board President within five (5) days of delivery of the Superintendent’s written decision. The grievant, independently, or the Association shall present a written brief to the Board and may file a written request for an oral hearing on the grievance that will be granted at the discretion of the Board President. Such brief and/or request for oral hearing is to be filed within fourteen (14) days after the appeal of the grievance has been submitted to the Board President. If the oral hearing is granted, the hearing will be conducted by the full Board or by a subcommittee of the Board, as the Board President may designate. Such hearing shall be held on or before the next regularly-scheduled Board meeting. If, however, the request for oral hearing is submitted to the Board President less than five (5) days prior to the next regularly-scheduled Board meeting, any hearing that is granted shall take place on or before the second-next regularly-scheduled Board meeting following the Board President’s receipt of the hearing request. The Board shall make a decision on the grievance and communicate it in writing to the grievant, the Association, the Superintendent and the principal, on the next business day following the next regularly-scheduled Board meeting following the meeting at which the hearing was held or the subcommittee’s recommendation is delivered to the Board.
STEP IV ARBITRATION If the grievance has not been satisfactorily resolved at Step III, it may be submitted to final and binding arbitration through the American Arbitration Association (AAA), which shall act as the administrator of such further proceedings and whose arbitration rules shall govern. The grievant shall provide contemporaneous notice of the demand for arbitration to the Superintendent. If a demand for arbitration is not filed within twenty (20) days of delivery to grievant of the Board’s decision, then the grievance shall be deemed withdrawn. At arbitration.
a) , neither party to the grievance will be permitted to assert grounds not previously raised in the proceedings below. In no case will the arbitrator selected be a resident of School District 304. Expenses for the arbitrator’s services and the expenses that are common to both parties to the arbitration shall be borne equally by the Board and the Association. Each party to an arbitration proceeding shall be responsible for compensating its own representatives and witnesses. The parties will select an arbitrator according shall not amend, modify, nullify, ignore, or add to the provisions of the “Public Employee Relations Act.” Agreement. The arbitrator’s authority shall be strictly limited to deciding only the issue or issues presented to the arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall and the decision rendered must be permitted in arbitration hearings to assert any ground based solely upon the arbitrator’s interpretation of the meaning or to rely on any evidence not disclosed to application of the other party prior to such hearingsexpress relevant language of the Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Grievant must file within ten (10) calendar days after the Employee becomes aware of an alleged violation which provides the basis for the grievance with the AFT Grievance Chairperson or designee. Written notification of intent to grieve must be filed with the Superintendent or designee within twenty (20) calendar days after the Employee becomes aware of an alleged violation which provides the basis for the grievance. A grievance must be brought to Step One within ten (10) calendar days after the Employee has filed said written notification of intent to grieve with the Superintendent or designee to meet with the Administrator against whom the grievance will be filed with the object of resolving the matter informally. The Employee shall notify the Administrator of the basis of the potential grievance. Both parties shall initial a statement that this meeting was held and the resolution if any. If the complainant desires, an AFT Grievance Committee Representative shall be present at this step to facilitate the discussion. If the Administrator, against whom the grievance may be filed wants another Administrator to be present at this step, another Administrator may be present if an AFT Grievance Committee Representative is present.
1. If the grievance is not satisfactorily resolved in Step One, a meeting shall be held within ten (10) The number calendar days of days indicated at each level should be considered as maximum and every effort should the meeting described in Step One. A request for the meeting shall be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives AFT Chairperson or designee or the grievant to the appropriate District or Building Administrator and the basis of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may the grievance shall be presentspecifically stated on the grievance form.
2) Hearing . A copy of said form can be found in Exhibit H of this Agreement. Present at this meeting shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance CommitteeAdministrator against whom the grievance has been filed, Board’s Appeal Committee, witnesses and a designated representative designee of the Board Administrator if they so desire, and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalfAFT Grievance Committee Representative, if they so desire.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor3. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than Within ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) calendar days of the filing Step Two meeting, the Administrator against whom the grievance has been filed shall communicate their decision, in writing with the supporting reasons to the participants at the Step Two meeting.
1. In the event the matter is not resolved in Step Two, within in ten (10) calendar days of the formal grievance in writing Step Two meeting, the AFT Chairperson or designee or the grievant may file a written appeal to the Superintendent or designee. A meeting with the object of resolving the matter shall be held within ten (10) calendar days after receipt of this appeal letter by the Superintendent or their designee. Present at this meeting shall take place between be the Superintendent or designee, the Administrator against whom the grievance has been filed and their immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central AFT Grievance Committee and the Board’s Appeal CommitteeRepresentative, if a Waiver has not been filed.
2. The Board’s Appeal Committee shall give a written decision on the grievance within five Within ten (510) calendar days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level in Step Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according Superintendent or designee shall communicate their decision, in writing, together with the supporting reasons to the provisions of participants at the “Public Employee Relations Act.” The arbitrator shall render his decision in writing Step Three meeting and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearingsAFT President.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) A. In the event that steps “a” or “b” are unsuccessfula grievant believes there is a basis for a grievance, the teacher grievant may file a first discuss the alleged grievance with his/her principal or other appropriate supervisor either personally or accompanied by his/her Association representative.
B. Any employee may present his/her grievance to the District and have such grievance adjusted without the intervention of the Association, as long as the Association has been given an opportunity to be present at that adjustment and to make its views known, and as long as the adjustment is not inconsistent with the terms of this Agreement.
C. If the grievance is not resolved in A or B above, formal grievance in writing procedures may be instituted.
STEP 1. The grievant may invoke the formal grievance procedure through the Association on a the grievance form provided by which will be available from the Human Resources DepartmentAssociation representative. This A copy of the grievance form shall be delivered to the principal or appropriate supervisor. A grievance must be filed within twenty
STEP 2. If the grievant is shown in not satisfied with the Appendix 7 disposition of this contract. This the grievance, the grievance shall be filed in quadruplicate with one copy for transmitted to the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources DepartmentSuperintendent within five (5) days. A formal grievance shall be filed as soon as possible, but in no event longer than Within ten (10) days after disclosure upon receipt the Superintendent or acting superintendent shall meet with the grievant and his/her Association representative on the grievance and shall indicate his/her disposition of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after of such meeting, and shall furnish a copy thereof to the meetinggrievant(s) and to the Association.
STEP 3. If the grievance grievant is not settled at Level Onesatisfied with the disposition of the grievance by the superintendent, the grievance shall be transmitted to the Chairman of the School Board within five (5) days. Within ten (10) days upon receipt the Board shall meet with the grievant and his/her Association may, representative on the grievance and shall indicate the disposition of the grievance in writing within five (5) days after said decisionof such meeting, notify and shall furnish a copy thereof to the Director grievant(s) and to the Association.
STEP 4. If the grievant is not satisfied with the disposition of Human Resources that it intends to appeal the grievance by the Board, the grievance, stating only at the grounds for such option of the Association, may be submitted before an appealimpartial arbitrator. The Director Association shall exercise its rights of Human Resources shall, arbitration by giving the Superintendent written notice of its intention to arbitrate within ten (10) days of receipt of the written disposition of the Board. If the parties cannot agree to the arbitrator within five (5) days after receipt thereoffrom the notification date that arbitration will be pursued, convene a Level Two meeting between the Central Grievance Committee and arbitrator shall be selected by the Board’s Appeal CommitteeAmerican Arbitration Association in accordance with its rules, which rules shall likewise govern the arbitration proceeding. The Board’s Appeal Committee parties shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert in such arbitration proceeding any ground rule or to rely on any evidence not disclosed to presented at an earlier step. The decision of the other party prior to such hearingsarbitrator shall be final and binding upon both parties.
Appears in 1 contract
Sources: Collective Bargained Agreement
Procedures. 1) The number . LEVEL I - Immediate Supervisor:
a. Informal: A grievance will first be discussed with the grievant’s immediate supervisor with the objective of days indicated at each level should be considered as maximum and every effort should be made to expedite resolving the processmatter informally. The time limits grievant may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be presenthave a representative present with them at this informal meeting.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) b. In the event that steps “a” or “b” are unsuccessfulthe grievant is not satisfied with the disposition of the grievance, they may submit the teacher may file claim as a formal grievance in writing on a form to the immediate supervisor upon forms provided by the Human Resources DepartmentDistrict. This form is shown in If the Appendix 7 of this contract. This grievance shall be grievant has not filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than a claim within ten (10) days after disclosure speaking with the immediate supervisor informally, the grievance will be deemed to have been waived. If a formal grievance has been filed, the grievant may either discuss the grievance personally or request that one representative accompany him/her. The immediate supervisor shall within seven (7) days following the meeting to discuss the grievance, render their decision and the reason therefore, in writing, to the grievant.
2. Level II - Superintendent or their Designee:
a. If the grievant is not satisfied with the disposition of the facts giving rise to the grievance. Within five grievance at Level I, or if no decision has been rendered within ten (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (510) days after the meeting. If presentation of the grievance is not settled at Level Onein writing, the Association may, within five (5) days after said decision, notify grievant may forward the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and Superintendent or their designee within the Association. If the grievance is not settled at Level Two, it may, within five subsequent ten (510) days.
b. Within seven (7) days after receipt of the Level Two decision written grievance by the Superintendent, the Superintendent or their designee shall meet with the grievant and representative(s) in an effort to resolve the Associationmatter, be appealed and shall render a written decision to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association employee within seven (7) days after this Level II meeting.
3. Level III - Board of Education: The parties to this Agreement realize that the hearingBoard of Education has the right and responsibility to attempt a final resolution of the grievance. Within five If the grievant is not satisfied with the disposition of the grievance at Level II, the grievant may forward the written grievance to the Board of Education within ten (510) days. The decision of the Board or its designated subcommittee shall be rendered within twenty (20) days of after the receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and appeal. If both parties agree to be bound by the award that an acceptable disposition of the arbitrator and agree that judgment thereon grievance will most likely not be reached at the Board level this step may be entered in any court of competent jurisdiction.
b) The Board omitted and the Association agree that neither party shall be permitted in arbitration hearings parties proceed to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearingsLevel IV.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum parties acknowledge that it is usually most desirable for an employee and every effort should be made the employee's immediate supervisor to expedite resolve problems through informal and free communications. However, if the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper informal process fails to be at hearings from Level Two on are defined as satisfy the grievant, a grievance may be processed in the Central Grievance Committee, Board’s Appeal Committee, witnesses following manner and the grievant may be accompanied by a designated representative Union representative:
A. Step One
B. Step Two
.1 If the grievance is not satisfactorily resolved at Step One the grievant may refer the grievance to the Superintendent within ten (10) days of receipt of the Board Step One answer. The Superintendent shall arrange for a meeting to take place within ten (10) days of receipt of the appeal. Within ten (10) days of the meeting the Superintendent shall make a decision in writing and communicate it to the grievant and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalfUnion.
b) He may request that .2 If the grievance is a representative class action grievance pursuant to Section 6.6.4 of this Agreement the Association accompany him in approaching his immediate supervisor. In such case, Union shall file the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided with the Superintendent who shall certify by signature the Human Resources Departmentdate the grievance was received. This form is shown in the Appendix 7 of this contract. This The written grievance shall be state the nature of the grievance, shall note the specific clause or clauses of the Agreement which are applicable, shall state the names of the individuals for whom the grievance is being filed in quadruplicate and shall state the remedy requested. The Superintendent shall arrange for a meeting to take place with one copy for the Association, one copy for grievants and the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than Union within ten (10) days after disclosure receipt of the facts giving rise to the grievance. Within five The Superintendent shall make a decision on the grievance and communicate it in writing to the Union within ten (510) days of the meeting.
C. Step Three
.1 If within fifteen (15) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds demand for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice arbitration with the Superintendent stating the grounds parties are unable to agree upon an arbitrator, they shall jointly submit a request to the Federal Mediation and Conciliation Service for appeala binding resolution under the Voluntary Labor Arbitration Rules. A meeting with Arbitration proceedings shall be conducted by an arbitrator to be selected by the Board shall occur within twenty (20) days following receipt two parties from a roster of such notice, arbitrators provided by the Federal Mediation and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heardConciliation Service. The Board’s written decision shall be transmitted to parties will request the grievant Federal Mediation and the Association within Conciliation Service provide a panel of seven (7) days after arbitrators. Each party shall have the hearingright to reject an entire panel and request the Federal Mediation and Conciliation Service provide a new panel of seven (7) arbitrators. Within five (5) days of receipt Each of the decision two parties will alternately strike one name at Level Three, a time from the grievance may panel until only one name shall remain. The remaining name shall be submitted to arbitrationthe arbitrator.
a) .2 The parties will select an decision of the arbitrator according shall be final and binding on the parties. The arbitrator, in his opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the “Public Employee Relations Act.” Agreement. The arbitrator's authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the Board and the Union. If the parties are unable to agree upon the specific issue(s) in dispute the arbitrator shall render define the issues(s) upon which a decision will be rendered. The arbitrator's decision must be based solely and only upon his decision in writing and both interpretation of the meaning or application of the express relevant language contained within the four corners of this Agreement.
.3 Neither the Board nor the Union shall be permitted to assert any grounds or evidence before the arbitrator which has not previously been disclosed to the other party.
.4 The parties agree to be bound by shall equally share the award cost of the arbitrator and agree the Federal Mediation and Conciliation Service. If either party requires a transcript of the proceedings that judgment thereon may party shall bear full costs for that transcript. If both parties order a transcript the costs of the two transcripts shall be entered in any court divided equally between the parties. If only one party requests the postponement of competent jurisdictionan arbitration hearing, that party shall bear the costs of such postponement.
b) The Board and the Association agree that neither .5 Each party shall be permitted bear the full costs of its representation in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearingsgrievance procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every A concerted effort should be made to expedite resolve a disagreement between the process. The time limits may be extended by mutual consent in writing by bargaining unit member and the authorized representatives of each partyprincipal prior to filing a formal written grievance. At least one meeting between the parties to a disagreement should take place before instituting grievance procedures. Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.I - Formal Procedures/Principal
215.3.2.1 Within twenty (20) Hearing shall be held days after normal school hours.
3) Persons proper the occurrence of the act or omission-giving rise to be at hearings from Level Two on are defined as the grievanta grievance, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in grievant must present his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a the appropriate form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance to his or her principal.
15.3.2.2 The written notice shall be filed a clear, concise statement of the grievance of the circumstances involved, the specific article, section, or clause of the Agreement allegedly violated, with the specific remedy sought.
15.3.2.3 The Principal shall communicate his or her decision to the employee in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than writing within ten (10) days after disclosure of the facts giving rise to receiving the grievance. Within five If the Principal does not respond within the time limits, the grievance shall be deemed denied and the grievant may appeal to the next level. Level II - Formal Procedures/Superintendent
15.3.3.1 If the grievant is not satisfied with the decision at Level I, he or she may within fifteen (515) days of the filing of Level I response, appeal the formal grievance decision to the Superintendent in writing a meeting on the appropriate form.
15.3.3.2 The Superintendent shall take place between communicate this decision to the immediate supervisorgrievant within ten (10) days. If the superintendent does not respond within the time limits, the grievant, and the Association representative and an answer to the grievance shall be given deemed denied and the grievant may appeal to the grievant in writing within five (5) days after the meetingnext level. Level III - Formal Procedures/Arbitrator
15.3.4.1 If the grievance grievant is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice satisfied with the Superintendent stating disposition of his or her grievance at the grounds for appeal. A meeting with the Board shall occur Superintendent's Level II, he or she may within twenty ten (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (510) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his Superintendent's decision in writing and both parties agree on the appropriate form request that the Federation submit the grievance to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictionbinding arbitration.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 1 contract
Sources: Master Agreement
Procedures. 1) 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 failure of an employee of the Union to act on any grievance within the prescribed time limits shall constitute a waiver of the alleged grievance and will act as a bar to further appeal. An administrator's failure to give a decision within the prescribed time limits shall permit the grievant to proceed to the next step. The time limits may be extended by mutual consent in writing consent. It is agreed that any investigation or other handling or processing of any grievance by the authorized representatives grieving employee or their representative, shall be conducted so as to result in no interference with or interruption whatsoever of each partythe duties and related work activities of the grieving employee or of any other employee. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be presentThe employer shall solely determine whether an interference has occurred under this paragraph.
2) Hearing STEP 1: An attempt shall be held after normal school hours.
3) Persons proper made to be at hearings from Level Two on are defined as resolve any grievance under this Article orally, through an informal discussion between the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses grievant and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his his/her immediate supervisor. In such caseIf requested by the alleged aggrieved employee, a representative may be present at the supervisor informal discussion. Grievance shall not initiate any consultation with be presented within five (5) working days of the grievant prior to any scheduled meeting at which the representative is to be present.
c) In date of occurrence of the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance or the grievance shall be considered waived. The immediate supervisors shall within five (5) days notify the employee of their decision. The County Conference Board shall be notified by certified mail of all grievances filed.
STEP 2: If the grievance is not resolved informally at the first step, the aggrieved employee shall file the grievance in writing with the Department Head within five (5) working days of the response of the immediate supervisors. The written grievance shall state the nature of the grievance, spelling out the specific clause or clauses of the Agreement which have been allegedly violated, misinterpreted, or misapplied, and shall state the remedy requested, and the date of the alleged violation. Within five (5) working days after the Department Head received the written grievance, a meeting shall be held, at a mutually agreeable time and place, with the aggrieved employee and his/her representative, to discuss and attempt to resolve the alleged grievance. The Department Head shall render a written decision to the aggrieved employee and the Union, within ten (10) working days following the meeting.
STEP 3: In the event that the grievance has not been satisfactorily resolved in the second step, the grievance may be appealed, within five (5) working days of the filing receipt of the formal written decision, to the County Conference Board, or their designee. The Board of Supervisors or their designee shall, within fifteen (15) days, respond to the grievance in writing a meeting shall take place between to the immediate supervisor, the grievant, employee and the Association representative Union. The parties may by mutual Agreement and an answer to the grievance shall be given to the grievant in writing within five (5) days after following the receipt of the written appeal to the County Conference Board, schedule a meeting to discuss the grievance. The County Conference Board or their designee shall respond in writing to the employee and Union, within ten (10) days following the meeting. If Grievance must be taken up promptly and awards and settlements thereof shall in no case be retroactive beyond the date on which the grievance is was first presented in written form.
STEP 4: Grievances not settled under the preceding steps shall be submitted to binding arbitration, at Level One, the Association may, written request of the employee and Union. Requests must be received by the Employer within ten (10) working days of the receipt of the written response by the Employer to step three. Within five (5) working days after said decisionfrom the date of the receipt of the written request for arbitration, notify the Director Employer and the aggrieved employee and the Union shall meet and either mutually agreed upon an arbitrator or jointly petition the Iowa Public Employment Relations Board to submit a list of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committeearbitrators. The Board’s Appeal Committee shall give a written decision on the grievance within five Within seven (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (57) days after receipt of the Level Two decision list by parties, they shall meet and by the grievant flip of a coin determine which party shall strike the first name on the list. They shall alternately strike names and the Association, person whose name is left shall be appealed the appointed arbitrator. The decision of the arbitrator shall be limited to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association subject matter of the date, time, grievance and place where such appeal will be heard. The Board’s written decision shall be transmitted restricted solely to the grievant interpretation and the Association within seven (7) days after the hearing. Within five (5) days of receipt application of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions terms of the “Public Employee Relations Act.” Agreement where the alleged violation occurred. The arbitrator shall render his decision have no power to add to, subtract from or modify in writing part or in whole, the terms or intent of any other part of this Agreement. Both parties shall share equally the costs and both parties agree to expenses of the arbitration proceedings, including transcript fees and fees of the arbitrator. Each party, however, shall be bound responsible for their own expenses of witnesses, representatives, attorney fees etc. Any employee found by the award grievance procedure to have been wrongly disciplined, suspended, or discharged, shall be entitled to reinstatement of seniority and payment for time lost, provided however, that such payment shall take into account any penalty which it is determined would have been justified under the circumstances with an arbitration award. The Union may find initially that the employee does not have a grievance and all review by the Union shall cease. The employee and the Employer shall be notified immediately. Any employee, not a member of the arbitrator Union, shall have the right at any time to present his/her grievance to the Employer for adjustment with or without intervention of the Union, as long as such adjustment is not inconsistent with the terms of his Agreement. WAGE PLAN - ARTICLE 21
A. The WAGE PLAN for the terms of this Agreement shall be those listed in Appendix "A" and agree that judgment thereon may be entered in any court of competent jurisdiction"B".
bB. New employees other than seasonal, shall serve a six (6) The Board month probationary period, and the Association agree that neither party shall be permitted in arbitration hearings hired at the minimum rate for the position.
C. Check-off for Credit Union: The Employer agrees to assert any ground or to rely on any evidence not disclosed deduct from member's paycheck authorized deductions for General Drivers Credit Union. Same will be remitted to the other party prior to such hearings.Treasurer of the Union as provided above. RULES AND REGULATIONS - ARTICLE 22
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) A. The number aggrieved person shall discuss the grievance with the appropriate immediate supervisor.
B. If the aggrieved person is not satisfied with the disposition of days indicated at each level should the grievance, it shall be considered as maximum and every effort should be made to expedite discussed informally with the process. The time limits Superintendent of Schools.
C. If the aggrieved person is not satisfied with the disposition of the grievance, the grievance may be extended by mutual consent presented in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days Superintendent of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing Schools within five (5) working days after of the meeting. If informal discussion.
D. The Superintendent of Schools shall investigate the grievance is not settled at Level One, the Association mayand give a decision in writing, within five (5) days after said decision, notify working days.
E. If the Director aggrieved person is not satisfied with the disposition of Human Resources that it intends to appeal the grievance, stating a review by the grounds for such an appeal. The Director of Human Resources shallBoard may be requested, within five working days of receipt of the Superintendent’s written decision. The request shall be submitted in writing through the Superintendent, who shall attach all related papers and forward the request to the Board. The Board or committee thereof shall review the grievance, hold a hearing with the aggrieved, if requested, and render the final decision, in writing, within thirty (530) calendar days of the request.
F. If within ten (10) working days after receipt thereofthe decision of the Board, convene a Level Two meeting between the Central Grievance Committee aggrieved person is not satisfied with the disposition of the grievance, advisory arbitration may be requested. The Board and the Board’s Appeal Committee. The Board’s Appeal Committee Association shall give attempt to agree upon a written decision on the grievance within five (5) days thereafter mutually acceptable arbitrator and deliver it obtain a commitment to the grievant and the Associationserve. If the grievance is not settled at Level Twoparties are unable to agree on an arbitrator, it maythey shall request a list of arbitrators from PERC, within five (5) days after receipt of the Level Two decision and they shall be bound by the grievant procedure for selection.
G. The arbitrator selected shall hold hearings in the district and the Associationissue an advisory decision, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur in writing, within twenty (20) calendar days following receipt from the close of such noticethe hearings. The decision shall set forth findings of fact, reasoning, and conclusions on the issue submitted. The arbitrator shall be without power to add or subtract from this agreement, and the Superintendent shall promptly notify costs for the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award services of the arbitrator and agree that judgment thereon may shall be entered in any court of competent jurisdictionborne equally by the parties. Any other expenses shall be paid by the party incurring same.
b) H. The Board and the Association agree that neither party shall be permitted in arbitration hearings meet within ten (10) working days to assert any ground or to rely on any evidence not disclosed to discuss the other party prior to such hearingsadvisory decision.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should . First Step: An attempt will be made to expedite resolve any grievance in informal, verbal discussion between complainant, accompanied by an Association representative if requested by the processcomplainant, and their immediate superior. The time limits may Association will be extended by mutual consent in writing informed by the authorized representatives administration of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be presentthe outcome achieved at this step.
2. Second Step: If any grievance cannot be resolved informally, grievant(s) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as will file the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by with the Human Resources Departmentprincipal. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than Within ten (10) days after disclosure such written grievance is filed, the aggrieved, representative of the facts aggrieved as desired, and the principal will meet to resolve the grievance. The written grievance must state the nature of the grievance, note the specific clause or clauses of the Agreement allegedly violated, and state the remedy requested. Any grievance filed by the Association or a group of teachers must specifically state by name each teacher included within the grievance, the nature of the grievance, and the remedy sought for each such teacher at the Step 2 meeting. The filing of the grievance at the second step must be within twenty-five (25) days from the date of the occurrence of the event giving rise to the grievance. Within , except for grievances pertaining to payroll which must be filed within thirty-five (535) days of the filing receipt of the formal grievance initial paycheck involved in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene principal or other administrator who has authority to make a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance will make such decision and communicate it in writing to the teacher(s) and the Superintendent within five ten (510) days thereafter and deliver it to of the grievant and second step meeting, with a summary of reasons for the Associationdecision.
3. If Third Step: In the event a grievance has not been satisfactorily resolved at the second step, the grievant(s) will file, within ten (10) days of the principal’s written decision or answer at the second step, a copy of the grievance is not settled at Level Two, it may, within five with the Superintendent. Within ten (510) days after receipt such written grievance is filed, the aggrieved, representative of the Level Two decision by aggrieved as desired, the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, principal and the Superintendent shall promptly notify or designee, will meet to resolve the grievant and the Association of the date, time, and place where such appeal will be heardgrievance. The Board’s written decision shall be transmitted to the grievant and the Association Superintendent, or designee, will file an answer within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.ten
Appears in 1 contract
Sources: Professional Services
Procedures. 1. Stage 1 - Within twenty-eight (28) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievantan alleged grievance occurred, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A aggrieved teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in shall present his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by to his/her immediate supervisor who shall discuss the Human Resources Departmentgrievance with the aggrieved teacher, or with the teacher and his/her representative (s) if any. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy If no mutual time for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall can be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, arranged within five (5) days after receipt of the Level Two written grievance, then arrangements shall be made to relieve the teacher of duties in order to meet with the person involved in each stage where applicable.
2. Intermediate Stage (Building Principal) - If the immediate supervisor is a department head, then Stage 2 will be the building principal; if the immediate supervisor is a building principal, then appeal from Stage 1 will go directly to Stage 3. The procedures at Stage 2 shall follow the provisions of Stage 1. The building principal shall render a decision by the grievant and the Association, be appealed in writing to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association teacher within seven (7) days after the hearing.
3. Within Chief Administrator Stage
a. The Superintendent shall, within seven (7) days of receipt of a notice of the grievant’s intent to pursue the grievance to this step, notify the aggrieved teacher and immediate supervisor to submit written statements to him/her within seven (7) days setting forth the specific nature of the grievance, the facts relating thereto, and the determination(s) previously rendered.
b. If such is requested, in the written statement of either party pursuant to paragraph “a” above, the Superintendent shall notify all parties concerned in the case of the time and place when a hearing will be held where such parties may appear and present oral and written statements supplementing their position in the case. Such hearings shall be held within seven (7) days of receipt of the written statements pursuant to paragraph “a”.
c. The Superintendent shall render his determination in writing within fourteen (14) days after the written statements pursuant to paragraph “a” and/or “b” have been presented to him/her or the hearing provided for in paragraph “b” is held.
4. Board Stage - All written statements and records of the case shall be submitted to the President of the Board by the Superintendent. The Board may, at the request of either party or the Board itself, hold a hearing within fourteen (14) days of the initiation of this stage to obtain further information regarding the case. After receiving both the report of the Superintendent and the appeal of the aggrieved teacher, the Board shall render a decision. If no hearing is held such decision shall be rendered within fourteen (14) days of receipt of notice of appeal; if a hearing be held such decision shall be rendered within fourteen (14) days of the date of the hearing.
5. Arbitration Stage
a. After such hearing, if the teacher and/or Association are not satisfied with the decision at Stage 4, and the Association determines that the grievance is meritorious and that appealing it is in the best interest of the school system, it may submit the grievance to arbitration by written notice to the Superintendent of Schools with a copy to the Board within twenty-one (21) days of the decision at Stage 4.
b. The parties shall select on a rotating basis from the following panel of arbitrators: ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇. In the event that none of the aforementioned arbitrators are available in a timely fashion or decline to hear a dispute, the parties shall have five (5) days within which to agree upon an alternate arbitrator from the American Arbitration Association. If no such agreement can be made, the matter shall be referred to the American Arbitration Association for designation. In either case, the Voluntary Labor Arbitration Rules of the American Arbitration Association shall be used.
c. The selected arbitrator will hear the matter promptly. The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issue.
d. The arbitrator shall have no power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement.
e. The decision of the arbitrator shall be final and binding upon all parties.
f. The costs for the services of the arbitrator, including expenses, if any, will be borne equally by the District and the Association.
6. AMERICANS WITH DISABILITIES ACT (ADA) Any dispute arising with regard to an employee's claim for a reasonable accommodation shall be resolved through the grievance procedure, which shall be the exclusive remedy. Upon a notice of five (5) days of receipt of the decision at Level Threean intent to grieve, the grievance this dispute may be submitted proceed directly to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum parties acknowledge that an Employee and every effort should be made to expedite the processBoard may resolve problems through free and informal communications. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and aboveHowever, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing a grievance shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined processed as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following waysfollows:
a) He may approach A. Step 1 – The Association, an individual employee or group of employees shall present the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by to the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten immediately involved supervisor within twelve (1012) days after disclosure of the facts occurrence giving rise to the grievance, or when the Association or the grievant should reasonable have had knowledge, unless the violation is of a continuing nature. Within five (5) days of the filing of the formal grievance in writing The supervisor will arrange for a meeting shall to take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by grievance. The Association’s representative, the grievant and the Associationimmediately involved supervisor shall be present for the meeting. Within twelve (12) days of the meeting, the Association and the grievant shall be appealed provided with the supervisor’s written response, including the reasons for the decision.
B. Step 2 – If the grievance is not resolved at Step 1, the Association may refer the grievance to the Board by filing a written notice of Education within fifteen (15) days after receipt of the Step 1 answer. The Board President shall arrange with the Superintendent stating the grounds Association representative, for appeal. A a meeting to take place with the Board of Education within fifteen (15) days of the Board’s receipt of the appeal. Within ten (10) days of the meeting the Association shall occur be provided with the Board of Education’s written response including the reasons for the decision.
C. Step 3 – If the Association is not satisfied with the disposition of the grievance at Step 2, it may submit the grievance to final and binding arbitration within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level ThreeBoard’s decision. Unless the parties can come to a mutual agreement on the selection of an arbitrator, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according submit a joint request to either the provisions of American Arbitration Association (AAA) or the “Public Employee Relations Act.” The arbitrator shall render his decision in writing Federal Mediation and both parties agree to be bound by the award Conciliation Service (FMCS). Selection of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and proceedings for the Association agree that neither party hearing shall be permitted conducted in accordance with the voluntary labor arbitration hearings rules of AAA. The arbitrator shall be without power or authority to assert make any ground decision which is contrary to, inconsistent with, or which modifies or varies the terms of this Agreement; or which limits or interferes with the Board’s duties, powers or responsibilities under applicable law. The sole power of the arbitrator shall be to rely determine if the terms of this Agreement have been violated, misinterpreted, or misapplied. The decision and/or award of the arbitrator, if made in accordance with his jurisdiction, shall be binding on any evidence not disclosed to the other party prior to such hearingsparties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number parties acknowledge that it is usually most desirable for an employee and the employee’s immediate involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of days indicated at each level should be considered as maximum and every effort should be made the grievance. If, however, the informal process fails to expedite satisfy the process. The time limits employee or the Association, a grievance may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined processed as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following waysfollows:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of a. Step I − The employee or the Association accompany him in approaching his immediate supervisor. In such case, may present the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on to the building principal within ten (10) days of the event. The building principal will arrange for a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than meeting to take place within ten (10) days after disclosure receipt of the facts giving rise to grievance. The Association’s representative, the grievancegrievant, and the principal shall be present for the meeting. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisormeeting, the grievant, grievant and the Association representative and an answer shall be provided with the principal’s written response, including the reasons for the decision.
b. Step II − If the grievance is not resolved at Step I, then the grievant or the Association Representative may refer the grievance to the grievance Superintendent or his assignee with ten (10) days after the receipt of the Step I answer. The Superintendent shall be given to arrange with the grievant in writing or the Association representative for a meeting to take place within five (5) days after of the Superintendent’s receipt of the appeal. Each party shall have the right to representation. Within ten (10) days of the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify shall be provided with the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the BoardSuperintendent’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with Each party shall have the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted right to the grievant and the Association within seven (7) days after the hearingrepresentation. Within five ten (510) days of receipt the meeting, the Association shall be provided with the Superintendent’s written response, including the reasons for the decision.
c. Step III − If the association is not satisfied with the disposition of the decision grievance at Level ThreeStep II, the Association may submit the grievance may to final and binding arbitration through 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 II answer, then the grievance shall be submitted to arbitrationdeemed withdrawn.
a) The parties will select an arbitrator according to 1. Neither the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and nor the Association agree that neither party shall be permitted in arbitration hearings to assert any ground grounds or to rely on any evidence before the arbitrator which was not previously disclosed to the other party prior party.
2. The arbitrator shall have no power to such hearingsalter the terms of this agreement.
3. The fees and the expenses of the arbitrator shall be shared equally.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present▇ Education Association designates the Association President or his/her designee as the local agent responsible for processing grievances through Level Three.
21. LEVEL ONE - A teacher, group of teachers, or the Association believing that there has been a violation shall, within ten (10) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as days of its alleged occurrence, orally discuss the grievant, grievances with the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board building Principal and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisoran attempt to resolve the matter. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative If no resolution is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing obtained within five (5) school days after following the meetingdiscussion, the grievant shall express the grievance in writing and process in accordance with Level Two.
2. LEVEL TWO - If the meeting is with the school principal and the parties cannot agree, the grievance shall promptly be transmitted to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it transmitted directly to the grievant and Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the AssociationSuperintendent. If the grievance is not settled at Level Twoshall be denied by the Superintendent, it may, within five (5) days after receipt either upon review of the Level Two decision by action of the grievant and school principal or in the Associationfirst instance, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify answer the grievant grievance in writing and the Association of grievance with the date, time, and place where such appeal will be heard. The Board’s written decision answer shall be transmitted to the grievant and Association.
3. LEVEL THREE - If the Association within seven (7) days after the hearing. Within five (5) days of receipt decision of the decision at Level ThreeSuperintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitrationarbitration before an impartial arbitrator selected by the parties.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” a. The arbitrator shall render his decision be selected by the American Arbitration Association in writing accord with its rules which shall likewise govern the Arbitration hearing. The Board and both Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the Board and to the Association. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictionjurisdiction where such award does not conflict with or deny the powers and duties of the Board granted by Legislative Act.
b) b. If any teachers for whom a grievance is sustained shall be found to have been improperly reprimanded or improperly deprived of a position, or unjustly discharged, the arbitrator will have authority to reinstate the teacher, with full reimbursement for all compensation lost. The costs of any arbitration under this article shall be shared equally by the Board and the Association agree Association.
c. It is expressly understood that neither party the grievance procedure shall not apply to those matters from which statute authorizes specific remedy, such as the Tenure Teacher Act.
d. It is understood that the time limits are maximum and can be permitted extended with the written mutual consent of both parties. Both parties should be encouraged to process a grievance as rapidly as possible and within the limits and procedure as set forth herein. If the administration at any step fails to respond in arbitration hearings to assert any ground or to rely on any evidence not disclosed a timely manner, the grievance will be considered denied and may be moved to the other party next level. Failure of the grievant to meet any time limits will result in the grievance being considered as withdrawn.
e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship of any party, the Superintendent shall use his/her best efforts to process such grievance prior to such hearingsthe end of the school term or as soon thereafter as possible. If the grievance is processed to arbitration, the parties may submit the grievance to expedited arbitration under the rules of the American Arbitration Association.
Appears in 1 contract
Sources: Master Agreement
Procedures. 1(a) The number of days indicated at each level should be considered as maximum and every effort should First Step An attempt shall be made to expedite the process. The time limits may be extended by mutual consent resolve any grievance in writing by the authorized representatives of each party. At Level Three informal, verbal discussion between complainant and above, ▇▇▇▇▇▇▇▇’s counsel may be presenthis immediate supervisor.
2(b) Hearing shall Second Step If the grievance cannot be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievantresolved informally, the Central Grievance Committeeaggrieved teacher shall file the grievance in writing, Board’s Appeal Committeeand at a mutually agreeable time, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative with the principal. The grievance should state the facts of the Association accompany him in approaching his immediate supervisorgrievance and remedy requested. In such case, The filing of the supervisor shall not initiate any consultation grievance with the grievant prior to any scheduled meeting building principal at which the representative is to second step must be present.
c) In within 20 school days from the date of the occurrence of the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five The principal shall communicate his/her decision in writing and set forth the rationale for such decision to the teacher and the superintendent within ten (510) school days after receipt of the filing of written grievance.
(c) Third Step In the formal event a grievance in writing a meeting shall take place between has not been satisfactorily resolved at the immediate supervisorsecond step, the grievant, and the Association representative and an answer to the grievance aggrieved teacher shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association mayfile, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) school days after receipt of the Level Two principal's written decision by at the grievant and the Associationsecond step, be appealed to the Board by filing a written notice copy of such grievance with the Superintendent stating Superintendent. Within ten (10) school days after such written grievance is so filed, the grounds for appeal. A meeting with aggrieved and his/her representative, if any, the Board shall occur within twenty (20) days following receipt of such noticeprincipal, and the Superintendent and his/her representative, if any, shall promptly notify meet to resolve the grievant grievance. The superintendent shall render his/her decision and set forth the rationale for such decision within ten (10) school days of the third step grievance meeting and communicate it in writing to the teacher, principal, and the Association O.E.A.
(d) Fourth Step If the teacher is not satisfied with the disposition of the dategrievance at the third step or the time limits expire without the issuance of the Superintendent's written reply, timethe teacher may submit the grievance to final and binding arbitration under the "Voluntary labor Arbitration Rules" of the American Arbitration Association, and place where such appeal will be heardwhich shall act as the administrator of the proceedings. The Board’s written decision shall be transmitted to the grievant and the Association If a demand for arbitration is not filed within seven thirty (7) days after the hearing. Within five (530) days of receipt of the decision at Level Threedate for the third step answer, then the grievance may shall be submitted to arbitrationdeemed withdrawn.
a(1) The parties will select an Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator according which has not previously been disclosed to the provisions of the “Public Employee Relations Actother party.”
(2) The arbitrator shall render his decision have no power to alter the terms of this agreement,
(3) Each party shall bear the full costs for its representation in writing and both parties agree to be bound by the award arbitration. The cost of the arbitrator and agree that judgment thereon may the AAA shall be entered in any court of competent jurisdiction.
b) The divided equally between the Board and the Association agree Association.
(4) If either party requests a transcript of the proceedings, that neither party shall bear the full costs for that transcript. If both parties order a transcript, the cost of the two (2) transcripts shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to divided equally between the other party prior to such hearingsBoard and the Association.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number parties hereto acknowledge that it is usually most desirable for a teacher and his or her immediate supervisor to resolve problems through free and informal communications. When requested by the teacher, an Association representative may accompany the teacher to assist in the informal resolution of days indicated at each level should be considered as maximum and every effort should be made the grievance. If, however, the informal process fails to expedite satisfy the process. The time limits teacher and/or the Association, a grievance may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.processed as follows:
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board 7.2.1 Step 1 The grievant and the Association. A teacher with a tentative grievance Association may initiate this procedure in one of present the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by to the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate immediately involved supervisor, and one who will arrange for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) a meeting to take place within 7 days after disclosure the receipt of the facts giving rise to the grievance. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses of the Agreement allegedly violated and shall state the remedy requested. The filing of the formal, written grievance at Step 1 must be within 20 days from the date of the occurrence or from the time when the grievance might reasonably have been ascertained, The Association representative, the grievant and the immediately involved supervisor shall be present for the meeting. Within five (5) 8 days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisormeeting, the grievant, grievant and the Association representative and an answer to the grievance shall be given to provided with the grievant in writing within five (5) days after supervisor's written response, including the meeting. reasons for the decision.
7.2.2 Step 2 If the grievance is not settled resolved at Level OneStep 1, then the grievant or the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to may appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, Superintendent or his/her designee within five (5) 6 days after receipt of the Level Two decision by Step 1 answer. The Superintendent or his/her designee shall arrange with the grievant and or the Association, be appealed Association representative for a meeting to take place within 10 days of the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following Superintendent's receipt of such noticethe grievance. Within 8 days of the meeting, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to provided with the grievant and Superintendent's written response, including the Association within seven (7) days after reasons for the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitrationdecision.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum parties hereto acknowledge it is usually most desirable for an employee and every effort should the employee’s immediately involved administrator to resolve problems through free and informal communications. An attempt shall be made to expedite the process. The time limits may be extended by mutual consent resolve any grievance in writing by the authorized representatives of each party. At Level Three informal, verbal discussion between complainant and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his his/her immediate supervisor. In such caseThen, if requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the supervisor shall not initiate any consultation with informal process fails to satisfy the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” employee or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy a grievance may be processed as follows:
6.1.1 Step 1 The Assistant superintendent or Principal will arrange for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than a meeting to take place within ten (10) days after disclosure receipt of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisorThe Association’s representative, the grievant, and the Association representative and an answer to the grievance Assistant Superintendent or Principal shall be given to the grievant in writing within five (5) days after present for the meeting. Within ten (10) days of the meeting, the grievant and the Association shall be provided with written response, including the reasons for the decision. A grievance must be submitted within fifteen (15) days of the date of the alleged violation. (2001)
6.1.2 Step 2 If the grievance is not settled resolved at Level OneSTEP 1, then the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on may refer the grievance within five (5) days thereafter and deliver it to the grievant and Superintendent, or the Association. If the grievance is not settled at Level Two, it may, Superintendent’s official designee within five ten (510) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appealSTEP 1 answer. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the The Superintendent shall promptly notify schedule the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association STEP 2 grievance meeting within seven ten (7) days after the hearing. Within five (510) days of receipt of the decision at Level Threereferral from the Teachers’ Association. The Superintendent, or his/her designee, shall file and answer within ten (10) days of the STEP 2 grievance meeting and communicate it in writing to the Employee, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board Assistant Superintendent or Principal, and the Association agree that neither party President. (2001)
6.1.3 Step 3 If the grievance is not resolved at STEP 2, then the Association and the superintendent will refer the grievance to the board of education to be discussed at the next regular board meeting. Within ten (10) days of the meeting, the Grievant and Association shall be permitted in provided with a written response.
6.1.4 Step 4 If the teacher or the Association is not satisfied with the disposition of the grievance at STEP 3, the Association may submit the grievance to final and binding arbitration hearings to assert any ground or to rely on any evidence 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 disclosed to filed within thirty (30) days of the other party prior to such hearingsdate of the STEP 3 answer, then the grievance shall be deemed withdrawn.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The importance of having a grievance processed as quickly as possible suggests that 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 may may, however, be extended by mutual consent in writing written agreement. A grievance may be filed within fifteen (15) work days of the event. The employee shall have the right to be represented by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be presentUnion Representative.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher 1: An employee with a tentative grievance may initiate this procedure in one shall meet with his/her immediate supervisor, with the objective of resolving the following ways:
a) He may approach the matter informally. The immediate supervisor concerned and discuss must respond to the matter in his own behalf.
bemployee’s grievance within five (5) He may request that working days. If an impasse occurs, a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This written grievance shall then be filed in quadruplicate with one copy for presented to the Association, one copy for the grievant, one copy for Division Director within five (5) working days of the immediate supervisor, and one for the Human Resources Department’s response. A formal grievance The employee shall be filed as soon as possibleentitled to a reply, but in no event longer than writing, within ten (10) working days after disclosure of said written grievance.
Level 2: If the aggrieved is not satisfied with the disposition of the facts giving rise grievance at Level 1, within ten (10) working days from receipt of the reply to the grievance. Within five (5) days of grievant from the filing of Division Director, the formal grievance grievant may request in writing a non-public meeting with the Department Administrator. The Department Administrator shall take place between the immediate supervisor, the grievant, schedule and the Association representative and an answer to the grievance shall be given to conduct said non- public meeting within (10) working days from the grievant request. The Department Administrator shall provide a response in writing within five (5) working days after the of said meeting. Level 3: If the grievance is or dispute has not settled at Level Onebeen satisfactorily resolved pursuant to ▇▇▇▇▇ ▇ ▇▇▇ ▇▇▇▇▇ ▇, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver ▇▇▇ ▇▇▇▇▇ may present it to the grievant and County Administrator within ten (10) working days from receipt of Level 2 response or ten (10) working days from the Associationdate the response was due. Level 4: If no settlement of the grievance is not settled at Level Twoor dispute has been reached between the parties, it may, the Union may move the grievance or dispute to arbitration within five thirty (530) calendar days after receipt of receiving the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The BoardCounty Administrator’s written decision shall be transmitted to the grievant and the Association response, or within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.thirty
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should STEP ONE - An attempt shall be made to expedite resolve any grievance in informal verbal discussion between the process. The time limits may be extended TJA employee(s) covered by mutual consent in writing this contract and the Director of Transportation or his/her designee within fifteen (15) working days after the TJA employee(s) covered by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative this contract has reasonable knowledge of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, Management will respond to the grievant, and grievant representative, the Association representative and an answer to the grievance shall be given to the grievant in writing Teamsters within five (5) working days from the date of the initial informal verbal discussion. The Teamsters will receive a written copy of all correspondence relating to the informal grievance decision STEP TWO - If the grievance cannot be resolved satisfactorily at Step One, the grievant or the Teamsters shall file the grievance, in writing, dated and signed by the grievant or the appropriate Teamster representative with the Director of Transportation within ten (10) working days. The written grievance must state the nature of the grievance, the specific clause or clauses of the agreement allegedly violated, and the remedy requested. The Director of Transportation shall make a determination and communicate it in writing to the grievant, grievant representative, the Teamsters and the 47/155 Superintendent(s) or their designees within ten (10) working days. There shall be no expansion of the grievance after this step. In the event that any material information relating directly to this grievance becomes known after this step, it may be submitted as additional information in succeeding steps. STEP THREE - In the event the grievance has not been satisfactorily resolved in Step Two, the grievant, grievant representative or the Teamsters shall file a copy of the grievance within ten (10) working days with the administrative district's Superintendent. Within ten (10) working days after such written grievance is filed, the meetinggrievant, representative of the grievant if desired, the Director of Transportation, and the administrative district's Superintendent or designee, shall meet to resolve the grievance. The administrative district's Superintendent or designee shall file an answer within ten (10) working days of the third step meeting and communicate it in writing to the grievant, the Director of Transportation and the Teamsters. The TJA Board and/or the school board(s) will also be notified in writing. STEP FOUR - If the grievance is not settled resolved at Level OneStep Three, then the grievant or the Teamsters may refer the grievance to the TJA Advisory Board within ten (10) working days after Step Three to be heard at a formal hearing. The TJA Advisory Board, at the next regularly scheduled meeting, will conduct the formal hearing after receipt of the request. Each party shall have the right to include in its representation such witnesses and counselors, as it deems necessary to develop facts pertinent to the grievance. Upon conclusion of the formal hearing, the Association may, within five TJA Advisory Board shall have ten (510) working days after said in which to provide a written decision, notify the Director of Human Resources that it intends to appeal the grievancewith reasons, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the AssociationTeamsters. STEP FIVE - If the grievant or the Teamsters is not satisfied with the disposition of the grievance in Step Four, the grievant, or the Teamsters may submit the grievance to final and binding arbitration through the American Arbitration Association (AAA) which shall act as administrator of the proceedings. If the grievance a demand for arbitration is not settled at Level Two, it may, filed within five fifteen (515) working days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association date of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level ThreeStep Four answer, the grievance may shall be submitted to arbitration.
a) The parties will select deemed withdrawn with prejudice. By mutual agreement any decision by an arbitrator according to the provisions shall not alter any terms of the “Public Employee Relations Actthis agreement.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 1 contract
Sources: Transportation Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum parties hereto acknowledge that it is incumbent upon the employee and every effort should be made his/her immediate supervisor to expedite the processresolve problems through free and informal communications. The time limits may be extended by mutual consent in writing When requested by the authorized representatives employee, the Association representative may accompany the employee in order to assist in the informal resolution of each partythe grievance. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing Nothing contained herein shall be held after normal school hours.
3) Persons proper construed as limiting the right of any employee having a grievance to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalfinformally with his/her immediate supervisor and having the grievance adjusted, provided the adjustment is not inconsistent with the terms of this Agreement.
b) He may request that a representative of A. LEVEL ONE The formal grievance procedure begins when an employee or the Association accompany him presents the grievance in approaching his writing to the immediate supervisor. In such caseThe grievance statement must specify the nature of the grievance, section of this agreement which has been violated, and the remedy sought. Such a grievance shall be submitted within twenty (20) days of the occurrence or date the grievant should reasonably have known of the event giving rise to the grievance. The supervisor shall not initiate any consultation arrange for a meeting with the grievant prior and Association representative to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than take place within ten (10) days after disclosure receipt of the facts giving rise statement. The supervisor shall provide a written answer to the grievancegrievance together with supporting reasons therefore. Within Copies shall be given to the grievant, the Association and to the Superintendent within ten (10) days after the meeting.
B. LEVEL TWO If the grievance is not resolved at Level One, or if no written answer has been rendered within ten (10) days after meeting, the grievant or Association may file the written grievance with the Superintendent within five (5) days of the filing Level One written answer or the due date of the formal grievance in writing Level One answer, whichever is sooner. The Superintendent or his designee shall schedule a meeting shall take place between the immediate supervisor, with the grievant, the Association and the Association representative and an answer to the grievance shall be given to the grievant in writing supervisor within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.thirty
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The adjustment of grievances will be accomplished as rapidly as possible. In order to insure rapid resolution of grievances, the number of days indicated at within which each level should step is prescribed to be accomplished shall be considered as maximum and every effort should shall be made to expedite the process. The Failure by the district and/or respondent to comply with the time limits shall cause the grievance to be waived. Failure by the district to comply with the time limits shall be construed as a denial of the grievance at that level. Under unusual circumstances, the time limits prescribed in this section may be extended by mutual consent in writing by of the authorized representatives of each party. At Level Three grievant and above, ▇▇▇▇▇▇▇▇’s counsel may be presentthe District and/or respondent.
2LEVEL 1 The grievant shall first discuss the grievance with the employee’s immediate supervisor in private conferences within twenty (20) Hearing days of the occurrence of the event upon which the grievant became aware or reasonably should have become aware of the events upon which the grievance is based, whichever shall be held after normal school hours.
3) Persons proper later. Every effort shall be made to be at hearings from Level Two on are defined as adjust the grievantgrievance in an informal manner. If the grievant is dissatisfied with the outcome of the initial private conference, the Central Grievance Committeegrievant must request, Board’s Appeal Committeein writing, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate conference with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for at which time the Human Resources Departmentgrievant may be accompanied by a representative from the grievance committee. A formal grievance shall Every effort should be filed as soon as possible, but in no event longer than ten (10) days after disclosure made to develop an understanding of the facts giving rise and issues in order to the grievancecreate a climate which will lead to a solution. Within The formal conference shall occur within five (5) days of the filing written request or the informal conference. In the event that the grievance is not resolved at ▇▇▇▇▇ ▇, the grievant may within ten (10) days appeal the matter in writing to the Superintendent of the formal grievance in writing a meeting shall take place between District or another administrator provided by the ESD when the grievant’s immediate supervisorsupervisor is also the Superintendent. The Superintendent, the grievantSuperintendent’s designated representative, and the Association representative and an answer to the grievance or other named administrator shall be given to confer with the grievant in an effort to meet a satisfactory solution within a reasonable time limit. If the grievance has not been resolved within ten (10) days after the grievance was discussed with the Superintendent or the Superintendent’s designee pursuant to ▇▇▇▇▇ ▇ above, then the grievant may request a meeting with the Board of Directors for the purpose of presenting the grievance to the Board of Directors of the District. The request for the meeting with the Board of Directors shall be in writing and filed with the Superintendent of the District as Secretary of the Board of Directors. The Board of Directors will, within fifteen (15) days after the receipt of the written request, confer with the grievant and within five (5) days after days, render a decision to be submitted to the meetinggrievant in writing. If In the event that the grievance is not settled at Level One, by the Association may, within five (5) days after said decision, notify the Director disposition of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance , then within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.five
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1A. Any grievance must be filed within ten (10) The days of the aggrieved act or it shall be deemed forever waived by the grievant.
B. Since it is important that a grievance be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum a maximum, and every effort should be made to expedite the process. The .
C. In the event a grievance is filed on or after the closing of the school year, which, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the parties agree to make a good faith effort to reduce the time limits set forth herein so that the grievance procedure may be extended by mutual consent in writing by exhausted as soon as is practicable.
D. Nothing herein contained will be construed as limiting the authorized representatives right of each party. At Level Three any grievant having a grievance to discuss the matter informally and aboveconfidentially with any appropriate member of the administration, ▇▇▇▇▇▇▇▇’s counsel and having the grievance adjusted without intervention of the Association; provided the adjustment is not inconsistent with the terms of this grievance procedure.
E. Any aggrieved person may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be represented at hearings from Level Two on are defined as all stages of the grievance procedure by himself/ herself, or, at the grievant’s option, the Central Grievance Committee, Board’s Appeal Committee, witnesses and by a designated representative of the Board and selected or approved by the Association. In any event the Association shall have a right to have a representative present and to state its views at all stages of the grievance procedure.
F. Oral Informal Discussion with Principal or Immediate Supervisor A teacher grievant with a tentative grievance may initiate this procedure in one must first discuss it informally with the principal or where the grievant is not under the direct supervision of a principal, with the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his grievant’s immediate supervisor. In such caseThe principal/immediate supervisor shall prepare a written memo of the discussion noting the date of the aggrieved act, the date the complaint was first made and the date of the discussion with the grievant. The principal/immediate supervisor shall forward a copy of this memo to the Senior Executive Director of Human Resources.
G. Level One - Written Formal Grievance to Principal If the aggrieved party is not initiate any consultation satisfied with the grievant prior to any scheduled meeting at which disposition of the representative is to be present.
c) In grievance by the event that steps “a” principal or “b” are unsuccessfulimmediate supervisor, the teacher grievant may file a formal written grievance in writing with the principal/immediate supervisor on a form forms provided by the Human Resources Department. This form is shown in School District and the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within Association within five (5) days of the filing informal conference or ten (10) days of the formal grievance aggrieved act, whichever is longer. The principal shall communicate the decision in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant all parties in writing interest within five ten (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (510) days after receipt of the grievance. The decision shall include supporting reasons therefor.
H. Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty - Senior Executive Director of Human Resources Within ten (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (510) days of receipt of the decision rendered by the principal/immediate supervisor, any party in interest may appeal the principal’s/immediate supervisor’s decision to the Executive Director of Human Resources on forms provided by the School District and the Association. The appeal shall include a copy of the Level One decision and the grounds for regarding the decision as incorrect. Within ten (10) days of receipt of the appeal, the Senior Executive Director of Human Resources shall communicate a decision in writing to all parties in interest. The decision shall include supporting reasons therefor.
I. Level Three - Superintendent Within ten (10) days of receipt of the decision rendered by the Senior Executive Director of Human Resources, any party in interest may appeal the Director’s decision to the Superintendent, or designee, on forms provided by the School District and the Association. The appeal shall include a copy of the decisions of Level One and Level Two and the grounds for regarding the decision as incorrect. Within ten (10) days after receipt of the appeal, the Superintendent, or designee, shall communicate the decision in writing to all parties in interest. The decision shall include supporting reasons therefor.
J. Level Four - Board of Education Within ten (10) days of receipt of the decision rendered by the Superintendent, any party in interest may appeal the Superintendent’s decision to the Board of Education on forms provided by the School District and the Association. The appeal shall include a copy of decisions of Level One, Level Two, Level Three and the grounds for regarding the decision as incorrect. Within ten (10) days after receipt of the appeal, the Board of Education shall set a hearing for the grievance and shall forward written notice of the time and place of the hearing to all parties in interest. Within fifteen (15) days of hearing of the appeal, the Board of Education shall communicate its decision in writing to all parties in interest. The decision shall include supporting reasons therefor. The decision of the Board of Education shall be final.
K. Failure at any step of this procedure to communicate the decision in writing on a grievance within the specified time limits shall permit any party in interest to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step.
L. No reprisals of any kind will be taken by the Board of Education or any member of the administration against any party in interest or any other party involved directly or indirectly in the grievance procedure.
M. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the permanent central office files of the participants.
N. Forms for processing grievances will be printed by the Board of Education and the Association and given appropriate distribution by the parties so as to facilitate operation of the grievance procedure.
O. Every effort will be made by all parties to avoid interruption of classroom activities and to avoid the involvement of students in all phases of the grievance procedure.
P. If in the judgment of the Senior Executive Director of Human Resources and the Association, a grievance affects a group or class of teachers, the Association may submit such grievance in writing to the Superintendent directly and the processing of the grievance shall be commenced at Level Three, .
Q. All parties in interest are required to exhaust the grievance may be submitted to arbitrationprocedure set forth in this article before seeking alternative remedies.
a) The parties R. If any party in interest elects to pursue any legal or statutory remedy for any grievance, such election will select an arbitrator according to bar any further or subsequent proceedings for relief under the provisions of this procedure.
S. It is appropriate at each level of the “Public Employee Relations Act.” The arbitrator grievance process to determine whether such grievance is a proper grievable item as defined herein. If at any level it is determined that the grievance is not a proper grievable item, then that determination should be noted in the decision rendered. This Agreement, and all items agreed on pursuant to this Agreement, when adopted and signed by both parties, shall render his decision remain in writing and both parties agree to be bound effect for so long as the Association is recognized as the lawful representative of the certified personnel of the Union School District or until modified by the award of the arbitrator and agree that judgment thereon may be entered parties in any court of competent jurisdiction.
b) The Board and the Association agree that neither writing. Either party desiring changes in this Agreement shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to notify the other party in writing at least thirty (30) days prior to any regular meeting of the negotiations committee. Any changes in this Agreement must be made by a majority consent of both the Board and Association. If any provision or application of this Agreement shall be found contrary to law, such hearings.provision or application shall have effect only to the extent permitted by law. Adopted Negotiated Policy, 3-12-73 Revised Negotiated Policy, 12-5-88 Revised Negotiated Policy, 8-14-95 Revised Negotiated Policy, 10-14-02 Revised Negotiated Policy, 6-19-03 Revised Negotiated Policy, 8-29-05 Revised Negotiated Policy, 5-14-07 Revised Negotiated Policy, 8-27-07 Revised Negotiated Policy, 8-11-08 Revised Negotiated Policy, 11-14-11 Revised Negotiated Policy, 6-8-15 UNION PUBLIC SCHOOLS UCTA SALARY INDEX AND SCALE 2016-2017 DISTRICT STEP State Minimum * Base Salary * District-Paid Benefits ** State-Paid TRS Credit *** Total Annual Compensation Monthly State Flexible Benefit Allowance A**** Monthly State Flexible Benefit Allowance B***** 0 31,600 32,350 993.84 60.15 33,404 526.88 69.72 1 31,975 32,472 993.84 103.41 33,569 526.88 69.72 2 32,350 32,856 993.84 145.65 33,996 526.88 69.72 3 32,725 33,420 993.84 188.15 34,602 526.88 69.72 4 33,100 33,987 993.84 233.33 35,214 526.88 69.72 5 33,500 34,481 993.84 278.76 35,754 526.88 69.72 6 33,900 34,877 993.84 325.26 36,196 526.88 69.72 7 34,300 35,275 993.84 372.82 36,642 526.88 69.72 8 34,700 35,672 993.84 421.44 37,087 526.88 69.72 9 35,100 36,069 993.84 471.12 37,534 526.88 69.72 10 35,950 36,493 993.84 521.87 38,009 526.88 69.72 11 36,375 36,917 993.84 573.67 38,484 526.88 69.72 12 36,800 37,339 993.84 626.54 38,959 526.88 69.72 13 37,225 38,136 993.84 680.48 39,810 526.88 69.72 14 37,650 38,524 993.84 735.47 40,254 526.88 69.72 15 38,075 39,087 993.84 791.53 40,872 526.88 69.72 16 38,500 39,537 993.84 848.65 41,380 526.88 69.72 17 38,925 39,987 993.84 906.83 41,888 526.88 69.72 18 39,350 40,436 993.84 966.07 42,396 526.88 69.72 19 39,775 40,887 993.84 1,026.38 42,907 526.88 69.72 20 40,200 41,336 993.84 1,087.75 43,418 526.88 69.72 21 40,625 41,786 993.84 1,150.18 43,930 526.88 69.72 22 41,050 42,236 993.84 1,213.68 44,444 526.88 69.72 23 41,475 42,690 993.84 1,278.23 44,962 526.88 69.72 24 41,900 43,145 993.84 1,343.85 45,483 526.88 69.72 25 42,325 43,600 993.84 1,410.53 46,004 526.88 69.72 26 42,325 44,069 993.84 1,410.53 46,474 526.88 69.72 27 42,325 44,583 993.84 1,410.53 46,988 526.88 69.72 28 42,325 45,097 993.84 1,410.53 47,501 526.88 69.72 29 42,325 45,610 993.84 1,410.53 48,014 526.88 69.72 30 42,325 46,125 993.84 1,410.53 48,529 526.88 69.72 31 42,325 46,637 993.84 1,410.53 49,041 526.88 69.72 32 42,325 47,151 993.84 1,410.53 49,555 526.88 69.72 33 42,325 47,663 993.84 1,410.53 50,067 526.88 69.72 34 42,325 48,178 993.84 1,410.53 50,582 526.88 69.72 35 42,325 50,417 993.84 1,410.53 52,822 526.88 69.72 36 42,325 50,816 993.84 1,410.53 53,221 526.88 69.72 37 42,325 51,215 993.84 1,410.53 53,619 526.88 69.72 38 42,325 52,268 993.84 1,410.53 54,672 526.88 69.72 39 42,325 52,813 993.84 1,410.53 55,217 526.88 69.72 * Teachers who obtained National Board Certifcation after June 30, 2013, will receive $1,000 added to base salary reflected on the salary schedule (except those teachers who applied for NBC prior to June 30, 2013, who are under the previous NBC bonus program). ** Includes the district portion of single health ($17.76 X 24 = $426.24/year), dental ($16.47 X 24 = $395.28/year), vision ($.34 X 24 = $8.16/year), life ($1.70 X 24 = $40.80/year), short-term disability and long-term disability ($5.14 X 24 = $123.36/year) above state Flexible Benefit Allowance. *** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. **** The State Flexible Benefit Allowance-A is $526.88 per month ($526.88 x 12 = $6,322.56/year). One half of the monthly amount ($263.44) to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-A is only available to employees who participate in one of the district's group health insurance plans. ***** The State Flexible Benefit Allowance-B is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. UNION PUBLIC SCHOOLS UCTA SALARY INDEX AND SCALE 2016-2017 DISTRICT STEP State Minimum * Base Salary * District-Paid Benefits ** State-Paid TRS Credit *** Total Annual Compensation Monthly State Flexible Benefit Allowance A**** Monthly State Flexible Benefit Allowance B***** * Teachers who obtained National Board Certifcation after June 30, 2013, will receive $1,000 added to base salary reflected on the salary schedule (except those teachers who applied for NBC prior to June 30, 2013, who are under the previous NBC bonus program). ** Includes the district portion of single health ($17.76 X 24 = $426.24/year), dental ($16.47 X 24 = $395.28/year), vision ($.34 X 24 = $8.16/year), life ($1.70 X 24 = $40.80/year), short-term disability and long-term disability ($5.14 X 24 = $123.36/year) above state Flexible Benefit Allowance. *** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. **** The State Flexible Benefit Allowance-A is $526.88 per month ($526.88 x 12 = $6,322.56/year). One half of the monthly amount ($263.44) to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-A is only available to employees who participate in one of the district's group health insurance plans. ***** The State Flexible Benefit Allowance-B is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. UNION PUBLIC SCHOOLS UCTA SALARY INDEX AND SCALE 2016-2017 DISTRICT STEP State Minimum * Base Salary * District-Paid Benefits ** State-Paid TRS Credit *** Total Annual Compensation Monthly State Flexible Benefit Allowance A**** Monthly State Flexible Benefit Allowance B***** 0 32,800 33,600 993.84 60.15 34,654 526.88 69.72 1 33,175 33,734 993.84 103.41 34,831 526.88 69.72 2 33,550 34,104 993.84 145.65 35,243 526.88 69.72 3 33,925 34,650 993.84 188.15 35,832 526.88 69.72 4 34,300 35,239 993.84 233.33 36,466 526.88 69.72 5 34,700 35,752 993.84 278.76 37,025 526.88 69.72 6 35,100 36,148 993.84 325.26 37,467 526.88 69.72 7 35,500 36,546 993.84 372.82 37,913 526.88 69.72 8 35,900 36,944 993.84 421.44 38,359 526.88 69.72 9 36,300 37,340 993.84 471.12 38,805 526.88 69.72 10 37,575 37,764 993.84 521.87 39,280 526.88 69.72 11 38,000 38,919 993.84 573.67 40,487 526.88 69.72 12 38,425 40,029 993.84 626.54 41,650 526.88 69.72 13 38,850 40,541 993.84 680.48 42,216 526.88 69.72 14 39,275 40,996 993.84 735.47 42,725 526.88 69.72 15 39,700 41,378 993.84 791.53 43,163 526.88 69.72 16 40,125 42,159 993.84 848.65 44,002 526.88 69.72 17 40,550 42,664 993.84 906.83 44,565 526.88 69.72 18 40,975 43,088 993.84 966.07 45,048 526.88 69.72 19 41,400 43,642 993.84 1,026.38 45,662 526.88 69.72 20 41,825 44,518 993.84 1,087.75 46,599 526.88 69.72 21 42,250 44,916 993.84 1,150.18 47,060 526.88 69.72 22 42,675 45,313 993.84 1,213.68 47,520 526.88 69.72 23 43,100 45,712 993.84 1,278.23 47,984 526.88 69.72 24 43,525 46,174 993.84 1,343.85 48,512 526.88 69.72 25 43,950 47,363 993.84 1,410.53 49,767 526.88 69.72 26 43,950 47,763 993.84 1,410.53 50,167 526.88 69.72 27 43,950 48,161 993.84 1,410.53 50,565 526.88 69.72 28 43,950 48,562 993.84 1,410.53 50,966 526.88 69.72 29 43,950 48,919 993.84 1,410.53 51,324 526.88 69.72 30 43,950 50,140 993.84 1,410.53 52,545 526.88 69.72 31 43,950 50,583 993.84 1,410.53 52,987 526.88 69.72 32 43,950 50,982 993.84 1,410.53 53,386 526.88 69.72 33 43,950 51,383 993.84 1,410.53 53,787 526.88 69.72 34 43,950 51,692 993.84 1,410.53 54,096 526.88 69.72 35 43,950 54,633 993.84 1,410.53 57,037 526.88 69.72 36 43,950 55,034 993.84 1,410.53 57,438 526.88 69.72 37 43,950 55,433 993.84 1,410.53 57,837 526.88 69.72 38 43,950 55,849 993.84 1,410.53 58,253 526.88 69.72 39 42,325 57,093 993.84 1,410.53 59,498 526.88 69.72 * Teachers who obtained National Board Certifcation after June 30, 2013, will receive $1,000 added to base salary reflected on the salary schedule (except those teachers who applied for NBC prior to June 30, 2013, who are under the previous NBC bonus program). ** Includes the district portion of single health ($17.76 X 24 = $426.24/year), dental ($16.47 X 24 = $395.28/year), vision ($.34 X 24 = $8.16/year), life ($1.70 X 24 = $40.80/year), short-term disability and long-term disability ($5.14 X 24 = $123.36/year) above state Flexible Benefit Allowance. *** Represents the qualified Oklahoma certification step and can be different from the district step. On
Appears in 1 contract
Sources: Master Contract
Procedures. 1) The number . All grievances shall include the name and position of days indicated at each level should be considered as maximum the aggrieved party, a citation of the provision of the agreement involved in the said grievance, the time when and every effort should be made the place where the alleged events or conditions constituting the grievance existed, the identity of the party responsible for causing the said events or conditions, if known to expedite the process. The time limits may be extended by mutual consent in writing aggrieved party, and a general statement of the nature of the grievance and the redress sought by the authorized representatives of each aggrieved party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing . Except for informal decisions at Stage 1a, all decisions shall be held after normal school hoursrendered in writing at each step of the grievance procedures, setting forth findings of fact conclusions, and supporting reasons thereof. A copy of the decision at each stage shall be promptly transmitted to the aggrieved party and the Association President.
3) Persons proper . If a grievance affects a group of teachers or appears to the association to be connected with system-wide policies, it shall be submitted to the administrator with the request that it be transmitted directly to the Superintendent.
4. The District and Association agree to facilitate any investigation which may be required and to make available all relevant documentation not regarded in law as restricted. This includes but is not limited to District logs as referred to in this agreement.
5. The preparation and processing of grievances shall be done as promptly as possible and at hearings from Level Two mutually accepted times.
6. An aggrieved party and any party of interest shall have the right at Stages 2 and 3 of a grievance to question all present, to testify and call witnesses on are defined as the grievantparties own behalf, the Central Grievance Committee, Board’s Appeal Committee, witnesses and to be furnished with a designated representative copy of any notes of the Board proceedings.
7. No interference, coercion, restraint, discrimination, or reprisal of any kind shall be exercised against any participant in the grievance procedures.
8. Necessary forms to implement all phases of the grievance procedure shall be developed and printed by the Association and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalfDistrict.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor9. In such case, the supervisor shall not initiate any consultation All documentation dealing with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file processing of a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy a separate grievance file.
10. The grievant may choose a representative to accompany the grievant at all stages of the grievance procedure. At the opening informal stage, the representative may act as a witness but may not speak.
11. The Superintendent shall be responsible for maintaining an Official Grievance Record which shall consist of written grievances, exhibits, transcripts, any official notes and briefs. The Record shall be available to the aggrieved party, the Association, one copy for and the grievant, one copy for the immediate supervisor, and one for the Human Resources DepartmentBoard of Education.
12. A formal grievance Official minutes shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure kept of the facts giving rise all proceedings at Stage 2 and 3 and a copy given to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, aggrieved party and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meetingdays.
13. If the Nothing in this grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director procedure shall be construed as preventing a teacher from processing a grievance independent of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal.
14. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision grievance shall be transmitted to the grievant and the Association regarded as waived unless it is submitted within seven thirty (7) days after the hearing. Within five (530) days of receipt the time when the aggrieved party knew or should have known of the decision at Level Threeevent or condition on which it is based.
15. Unless all time limits and steps are complied with, the grievance may be submitted to arbitrationshall terminate.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 1 contract
Sources: Professional Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum parties acknowledge that a Teacher and every effort should be made to expedite the processan Administrator may resolve problems through free and informal communications. The time limits may be extended by mutual consent informal disposition of problems in writing by no way prohibits the authorized representatives of each partyAssociation from filing a grievance nor does it establish a precedent. At Level Three and aboveHowever, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing a grievance shall be held after normal school hours.processed as follows:
33.2.1 STEP I - The grievant shall present the grievance in writing, signed, dated and specifying the remedy sought, to the immediately involved administrator within ten (10) Persons proper days of the incident or within 45 calendar days, stating the Article and Section of the Agreement alleged to be at hearings from Level Two on are defined as have been violated. The administrator will arrange for a meeting to take place within ten (10) days of receipt of the grievance. The Association’s representative, the grievant, and the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative immediately involved administrator shall be present for the meeting. Within ten (10) days of the Board meeting, the grievant and the Association. A teacher Association shall be provided with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach administrator’s written response, including the immediate supervisor concerned and discuss reasons for the matter in his own behalfdecision.
b) He may request that a representative of 3.2.2 STEP II - If the grievance is not resolved at STEP I, then the Association accompany him in approaching his immediate supervisor. In such case, shall refer the supervisor shall not initiate any consultation with grievance to the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than Superintendent’s official designee within ten (10) days after disclosure receipt of the facts giving rise STEP I answer. The Superintendent shall arrange with the Association representative for a meeting to the grievance. Within five take place within (510) days of the filing Superintendent’s receipt of the formal grievance in writing a meeting shall take place between appeal. Within ten (10) days of the immediate supervisormeeting, the grievantAssociation shall be provided with the Superintendent’s receipt of the appeal. Within ten (10) days of the meeting, and the Association representative shall be provided with the Superintendent’s written response, including the reasons for the decision.
3.2.3 STEP III - If the Association is not satisfied with the disposition of the grievance at STEP II, the Association may submit the grievance to final and an answer to binding arbitration. The American Arbitration Association shall act as the administrator of the proceedings using the Voluntary Labor Arbitration Rules. If a demand for arbitration is not filed with the Board within thirty (30) days of the Association’s receipt of the Step II answer, then the grievance shall be given deemed withdrawn.
3.2.3.1 Neither the Board nor the grievant shall be permitted to assert any grounds of evidence before the arbitrator, which was not previously disclosed to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitrationparty.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” 3.2.3.2 The arbitrator shall render his decision have no power to alter the terms of this Agreement.
3.2.3.3 Each party shall bear the full cost for its representation in writing the grievance procedure.
3.2.3.4 The fees and both parties agree to be bound by the award expenses of the arbitrator and agree that judgment thereon may shall be entered in any court of competent jurisdictionshared equally by the parties.
b) The Board and 3.2.3.5 If only one party requests the Association agree presence of a court reporter, that neither party shall be permitted in bear the cost of the reporter. If both parties request a court reporter, they shall share the costs.
3.2.3.6 If only one party requests the postponement of an arbitration hearings to assert any ground or to rely on any evidence not disclosed to hearing, that party shall bear the other party prior to cost of such hearingspostponement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The All time limits referred to in this Article shall consist of working days, except that during summer vacation periods, time limits shall consist of school district office workdays. A grievance may be extended initiated by mutual consent in writing a teacher or by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with The procedure for processing a tentative grievance may initiate this procedure in one of the following waysshall be as follows:
a) He STEP 1: The grievant may approach the immediate supervisor concerned and first discuss the matter with the Superintendent with the objective of resolving the matter informally. Nothing contained in this Article of the AGREEMENT shall prohibit or prevent the Superintendent or the grievant from having a person of his own behalfchoosing from outside of the bargaining unit or a consultant in attendance at any informal or formal step of the grievance procedure.
b) He may request that a representative of STEP 2: If the Association accompany him in approaching his immediate supervisor. In such casegrievance cannot be resolved informally, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal the grievance in writing on a form provided by with the Human Resources Department. This form is shown in Superintendent within twenty (20) working days from the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure occurrence of the facts event giving rise to the grievance. Within five The written grievance shall note all clauses of the AGREEMENT which are alleged to have been violated, and shall state the basic facts of the claimed violation. The Superintendent shall answer this grievance in ten (510) working days in writing, submitting a copy to the teacher and the Association representative.
STEP 3: If the grievant disagrees with the decision of the Superintendent, he/she shall notify the Superintendent in writing within ten (10) working days of the filing date of receipt of his/her desire to have the grievance processed to the Board for a decision. The Board shall meet within twenty (20) working days of receipt of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer grievance. The parties to the grievance shall be given allowed to present witnesses and have attorneys present before the Board, as deemed necessary. The Board shall provide the grievant in writing with its written response within five ten (510) working days after of the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number parties acknowledge that it is usually most desirable for a faculty member and a faculty member's immediately involved supervisor to resolve problems through free and informal communications. When requested by the faculty member, an Association representative may accompany the faculty member to assist in the informal resolution of days indicated at each level should be considered as maximum and every effort should be made the grievance. If, however, the informal process fails to expedite satisfy the process. The time limits faculty member or the Association, a grievance may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined processed as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following waysfollows:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of A. Step One: The faculty member or the Association accompany him in approaching his immediate supervisor. In such case, may present the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on to the immediately involved supervisor, who will arrange for a form provided by meeting to take place within ten college days after receipt of the Human Resources Departmentgrievance. This form is shown in the Appendix 7 of this contract. This The grievance shall be filed in quadruplicate with one copy for submitted within fifteen college days of when the Associationoccurrence might reasonably have been ascertained. If the grievant requests, one copy for he/she may be accompanied to the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure meeting by a member of the facts giving rise to full-time faculty. If the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, Association is not the grievant, and if the faculty member accompanying the grievant is not a full member of the Association, the Association may have one of its full members as a representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after at the meeting. Within ten college days of the meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reason(s) for the decision.
B. Step Two: If the grievance is not settled resolved at Level Step One, then the Association may, may refer the grievance to the President of the College or designee within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) college days after receipt of the Level Two decision by the grievant and the AssociationStep One answer. The President, be appealed to the Board by filing a written notice or his/her designee, shall arrange with the Superintendent stating the grounds Association representative for appeal. A a meeting with the Board shall occur to take place within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) ten college days of receipt of the decision at Level Threeappeal. Within ten college days of the meeting, the grievance may Association shall be submitted to arbitrationprovided with a written response from the President or designee, including the reason(s) for the decision.
a) The parties will select an arbitrator according to C. Step Three: If the provisions Association is not satisfied with the disposition of the “Public Employee Relations Act.” grievance at Step Two or the time limits expire without the issuance of the President's or designee's written reply, the Association may submit the grievance to binding arbitration. The arbitrator shall render his decision in writing and both parties agree be selected from a panel or panels to be bound by secured from the American Arbitration Association (AAA). The arbitrator's award shall be binding. If a demand for arbitration is not filed within twenty days after the date for the Step Two answer, then the grievance shall be considered withdrawn. In connection with any such arbitration, it is agreed as follows:
1. That the arbitrator shall have no power to alter or enlarge the terms of this Agreement;
2. Each party shall bear the full costs for its representation in the arbitration. The cost of the arbitrator and agree the AAA shall be divided equally between the parties;
3. If either party requests a transcript of the proceedings that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall bear the full costs of that transcript. If both parties order a transcript the cost shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to divided equally between the other party prior to such hearingsparties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) Step 1 - The number of days indicated at each level should be considered as maximum and every effort should be made to expedite Assistant or Union shall present the process. The time limits may be extended by mutual consent grievance in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy who will arrange for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall to take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by grievance. The Union's representative, if any, the grievant and her/his immediate supervisor shall be present for the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heardmeeting. The Board’s written decision supervisor shall be transmitted provide to the grievant and to the Association Union a written response to the grievance within seven ten (710) days after the hearingmeeting, including the reason(s) for the decision.
Step 2 - If the grievance is not resolved at Step 1, the grievant shall refer the grievance to the Superintendent/designee to issue a decision within ten (10) days after the Step 1 meeting. Within The Superintendent/designee shall arrange for a meeting with the grievant, the Union, the grievant’s supervisor and the Superintendent/designee, to take place within five (5) days of her/his receipt of the appeal. Each party shall have the right to call such witnesses it deems necessary to develop facts pertinent to the grievance. Upon conclusion of the hearing, the Superintendent/designee shall have five (5) days in which to provide her/his written decision, including the reason(s) for the decision.
Step 3 - If the grievance is not resolved at Step 2, the grievant or the Union shall refer the grievance to the Board within fifteen (15) days after receipt of the decision at Level ThreeStep 2. The Board shall arrange for a meeting to take place with the grievant and the representative of the Union, if any; it should be within fifteen (15) days of receipt of the appeal. Each party shall have the right to call such witnesses as it deems necessary to develop facts pertinent to the grievance. Upon conclusion of the hearing, the grievance may be submitted President of the Board shall have ten (10) days to arbitrationprovide the Board's written decision, including reason(s) for the decision.
aStep 4 - If the Union is not satisfied with the disposition of the grievance at Step 3, or the time limits expire without the issuance of the Board President's written reply, the Union 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 fifteen (15) The parties will select an arbitrator according days of the date for the Step 3 response, then the grievance shall be deemed withdrawn. Neither party to the provisions of grievance will be permitted to assert grounds or present evidence not previously asserted or presented before the “Public Employee Relations ActSuperintendent.”
1. The arbitrator shall render his decision have no power to alter the terms of this Agreement.
2. The arbitrator is empowered to include in writing and both parties agree any award such financial reimbursements or other remedies judged to be bound proper, if provided for by the award terms of this Agreement, plus interest, if any.
3. Each party shall bear the full costs for its representation in the arbitration. The cost of the arbitrator arbitration and agree that judgment thereon may the AAA shall be entered in any court of competent jurisdictiondivided equally between the parties.
b) The Board and 4. If either party requests a transcript of the Association agree proceedings, that neither party shall bear the full costs for that transcript. If either party or the arbitrator requires a transcript, the cost of the transcript shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to divided equally between the other party prior to such hearingsparties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. (A) Stage 1
(1) The number of days indicated at each level should be considered as maximum aggrieved party shall orally present the grievance to the immediate administrator who shall orally and every effort should be made to expedite informally discuss the processgrievance with the aggrieved party. The time limits immediate administrator shall render a determination to the aggrieved party within ten (10) calendar days after the grievance has been discussed. If such grievance is not satisfactorily resolved at this stage, the aggrieved party may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be presentproceed to Stage 2.
(B) Stage 2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He Within ten (10) calendar days after a determination has been made at the preceding stage, the aggrieved party may approach submit a grievance in writing to the immediate supervisor concerned Superintendent for review and discuss the matter in his own behalfdetermination.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such caseThe Superintendent shall, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than within ten (10) calendar days after disclosure of receiving the facts giving rise written appeal, hold a hearing at which the aggrieved party, and/or the aggrieved party's representative, and all parties of interest may be present in an effort to resolve the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting The Superintendent shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give render a written decision determination on the grievance within five ten (510) calendar days thereafter and deliver it to of the grievant and date of the Association. If the grievance is not settled at Level Two, it hearing.
(C) Stage 3
(1) The aggrieved party may, within five ten (510) calendar days after receipt of the Level Two decision determination by the grievant and the AssociationSuperintendent, be appealed make a written request to the Board by filing a of Education for review and determination. All written notice with statements and records of the Superintendent stating case shall be submitted to the grounds for appeal. A meeting with President of the Board shall occur of Education by the Superintendent. The Board of Education will hold a hearing within twenty (20) calendar days following receipt of such noticereceiving the written appeal to obtain further information regarding the grievance. At this hearing the aggrieved party, and/or the aggrieved party's representative, and all parties of interest may be present in an effort to resolve the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heardgrievance. The Board’s Board will render a written decision shall be transmitted to determination on the grievant and the Association grievance within seven fifteen (715) calendar days after the hearing. Within five conclusion of the meeting.
(5D) Stage 4
(1) If the aggrieved party is not satisfied with the disposition of the grievance at Stage 3, the aggrieved party may appeal to arbitration within ten (10) calendar days of the receipt of the decision at Level Three, Stage 3 decisions. The rules and regulations of the grievance may be submitted to arbitrationAmerican Arbitration shall govern the selection of the arbitrator and the conduct of the procedures and hearings.
a(2) The parties arbitrator so selected will select an hear the matter promptly and will issue a decision not later than thirty (30) calendar days from the date the final post-hearing briefs are submitted. The arbitrator's decision will be in writing, and will set forth the finding of facts and the reasons therefore, in detail.
(3) The arbitrator according shall be without power or authority to make any decision contrary or inconsistent with applicable law or rules or regulations having the force of law. The arbitrator shall have no power to alter, add to or detract from the provisions of the “Public Employee Relations ActAgreement.”
(4) The arbitrator Arbitrator's decision shall render his decision in writing be final and both parties agree binding. The election to submit a grievance to arbitration shall automatically be bound a waiver of all other remedies or forums which otherwise could be available.
(5) The costs for the services of the arbitrator, including expenses, if any, will be borne equally by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board District and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearingsAssociation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) Step 1 - The number of days indicated at each level should be considered as maximum and every effort should be made to expedite teacher or Association may present the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing immediately involved supervisor who will arrange for a meeting shall to take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two grievance. The Association's representative, if any, the aggrieved teacher and the immediately involved supervisor shall be present for the meeting. The supervisor shall provide to the aggrieved teacher and the Association a written answer to the grievance within ten (10) days after the meeting. The answer shall include the reasons for the decision.
Step 2 - If the grievance is not resolved at Step 1, the grievant shall refer the grievance to the Superintendent or official designee who shall have the authority on behalf of the Superintendent to issue a decision by on the grievance within fifteen (15) days after the receipt of the Step 1 answer or within ten (10) days after the Step 1 meeting, whichever is later. The Superintendent or designee shall arrange for a meeting with the grievant, the designated members of the Grievance Committee of the Association, and, at the option of the Superintendent or designee, the supervisor, to take place within five (5) days of his/her receipt of the appeal. Each party shall have the right to call such witnesses it deems necessary to develop facts pertinent to the grievance and the right to representation as provided in Section 10 above. Upon conclusion of the hearing, the Superintendent or designee shall have five (5) days in which to provide his or her written decision with reasons to the grievant and the Association.
Step 3 - If the grievance is not resolved at Step 2, be appealed the grievant or the Association shall refer the grievance to the Board by filing a written notice with within fifteen (15) days after receipt of the Superintendent stating the grounds for appealdecision at Step 2. A meeting with the The Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify arrange for a meeting to take place with the grievant and the Association representative of the dateAssociation, time, and place where such appeal will if any; it should be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Threeappeal. Each party shall have the right to call such witnesses as it deems necessary to develop facts pertinent to the grievance and the right to representation as provided in Section 10. Upon conclusion of the hearing, the grievance may be submitted President of the Board shall have ten (10) days in which to arbitrationprovide the Board's written decision with reasons to the grievant and the Association.
a) The parties will select an arbitrator according to Step 4 - If the provisions Association is not satisfied with the disposition of the “Public Employee Relations Act.” grievance at Step 3, or the time limits expire without the issuance of the Board President's written reply, the Association may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the
1. The arbitrator shall render his decision have no power to alter the terms of this Agreement.
2. The arbitrator is empowered to include in writing any award such financial reimbursements or other remedies he judges to be proper, if provided for by the terms of this Agreement, plus interest, if any.
3. Each party shall bear the full costs for its representation in the arbitration. The cost of the arbitration and the AAA shall be divided equally between the parties.
4. If either party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If both parties agree to be bound by or the award arbitrator requires a transcript, the cost of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party transcripts shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to divided equally between the other party prior to such hearingsparties.
Appears in 1 contract
Sources: Professional Agreement
Procedures. 1Within 15 days following the time when the grievant knows or could reasonably have known of the act or condition which is the basis of the grievance, the grievant may file a written grievance (Appendix 4) The number with their principal or immediate supervisor, with a copy to the Superintendent. Grievances filed in the name of days indicated the Association may be initiated at Step 2 of this grievance procedure as set forth below. All certificated Employees shall have the right of representation at each level should be considered as maximum step of the grievance procedure.
STEP 1 The school principal or immediate supervisor shall meet within five (5) days following receipt of the grievance and every effort should be made attempt a mutually satisfactory resolution of the grievance (Appendix 5). If no satisfactory agreement is reached, the grievant may, within three (3) days, appeal to expedite Step 2.
STEP 2 The grievant shall meet with the processSuperintendent within five (5) days following the receipt of the grievant’s appeal (Appendix 6). The If no satisfactory agreement is reached, the grievant may, within 10 days of the meeting, appeal to Step 3.
STEP 3 If no satisfactory settlement is reached at Step 2, or if the Superintendent (or designee) has not provided a written decision within the time limits prescribed in Step 2, the grievance may be extended by mutual consent in writing by appealed to Step 3 within seven (7) days after receiving the authorized representatives disposition of each partythe Superintendent or after the above stated time limits have expired and submit the grievance to the Board. At Level Three and aboveIf the grievance is submitted to the Board, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing the Board, within 30 days, shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as meet with the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses representative and a designated representative of the Superintendent to review such grievance in executive session or give such grievance the consideration as it shall deem appropriate. The disposition by the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with be made to the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessfulby completing Grievance Report Form (Appendix 7), the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within Step 3 within five (5) days of the filing meeting. A notification of such disposition shall be furnished to the formal grievance in writing a meeting shall take place between grievant, the Association, and the immediate supervisor.
STEP 4 If no satisfactory settlement is reached at Step 3, the grievantAssociation, and within 15 days of the Association representative and an answer receipt of the Step 3 decision, may appeal the final decision to arbitration. Any grievance arising out of or relating to the grievance shall interpretation or application of the terms and/or provisions of the Agreement may be given submitted to arbitration unless specifically and expressly excluded within this Article. If the parties cannot agree as to the grievant arbitrator in writing within five (5) days after the meeting. If the grievance is not settled at Level Onecalendar days, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee arbitrator shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision be selected by the grievant and American Arbitration Association in accord with its rules, which rules shall likewise govern the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appealarbitration proceeding. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall not be permitted in arbitration hearings to assert any ground 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. The arbitrator’s fees and expenses shall be borne by the party prior against whom the arbitrator rules. The arbitrator's decision will be in writing and will set forth their finding of fact, reasoning and conclusions on the issues submitted to such hearingsthem. The decision of the arbitrator shall be final and binding upon the employer, the Association and the grievant(s). Jurisdiction of Arbitrator - The arbitrator shall be without power or authority to add to, subtract from, or alter any of the terms of this Agreement or to use past practice as a valid rationale for a current decision. The following areas are not arbitral: lay off and recall, non-renewal, discharge and the contents of evaluation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) . Step I The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with or the grievant prior to any scheduled meeting at which may present the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by to the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate immediately involved supervisor, and one who will arrange for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall to take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant grievance. The Association's representative and the Association, immediately involved supervisor may be appealed to present for the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearingmeeting. Within five (5) days of the meeting, the Association and grievant shall be provided with the supervisor's written response, including the reasons for the decision.
2. Step II If the grievance is not resolved at Step I, then the Association or the grievant may refer the grievance to the Superintendent in writing within five (5) days after receipt of the decision at Level ThreeStep I answer. The Superintendent shall arrange, with the Association representative, for a meeting to take place within five (5) days of the Superintendent's receipt of the appeal. Within five (5) days of the meeting, the grievance may Association and grievant shall be submitted to arbitrationprovided with the Superintendent's written response, including the reasons for the decision.
a) The parties will select an arbitrator according to 3. Step III If the provisions Association is not satisfied with the disposition of the “Public Employee Relations Act.” grievance at Step II, the Association may submit the grievance to final and binding arbitration with the American Arbitration Association (AAA). If a demand for arbitration is not filed with the AAA within thirty (30) days of the date of Step II answer, then the grievance shall be deemed withdrawn. The arbitrator shall render not have the power to add to, subtract from, alter or modify in any way, any of the terms or conditions of this Agreement. It shall be the function of the arbitrator, and he shall be empowered, except as his decision powers are limited below, after due investigation, to make decisions in writing cases of alleged violation of the specific Articles and both parties agree Sections of this Agreement.
1. He shall have no power to be bound establish salary structures.
2. He shall have no power to change any practice or policy or rule of the Board nor to substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the award Board.
3. His powers shall be limited to deciding whether the Board has violated the expressed Articles or Sections of the Agreement.
4. He shall have no power to decide any questions, which under this Agreement is within the responsibility of management to decide. In rendering decisions, the arbitrator shall give due regard to the responsibilities of management and agree that judgment thereon shall so construe such responsibilities, except as they may be entered in any court of competent jurisdictionspecifically conditioned by the Agreement.
b) The Board and the Association agree that neither party 5. All claims for back wages shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed limited to the other party prior to such hearings.amount of wages that an Employee would have otherwise earned, less any unemployment. In any case, an award shall not go back further than the beginning date of this Agreement. E. BYPASS
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number parties hereto acknowledge that it is usually most desirable for a teacher and his/her immediately involved supervisor to resolve problems through free and informal communications. When requested by the teacher, a Union representative may accompany the teacher to assist in the informal resolution of days indicated at each level should be considered as maximum and every effort should be made the grievance. If, however, the informal process fails to expedite satisfy the process. The time limits teacher or the Union, a grievance may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined processed as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following waysfollows:
a) He Step #1 The teacher or the Union may approach present the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing principal who will arrange for a meeting shall to take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after receipt of the hearinggrievance. A union representative, if desired by the teacher, and the principal shall be present for the meeting. Within five seven (57) days of the meeting, the grievant shall be provided with the principal’s written response, including the reasons for the decision. Step #2 – If the grievance is not resolved satisfactorily at Step #1, then the grievant may refer the grievance to the Superintendent or his/her official designee within six (6) days after the receipt of the Step #1 answer. The Superintendent shall arrange with the grievant or the Union for a meeting to take place within ten (10) days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) days of the meeting, the employee or the Union shall be provided with the Superintendent’s written response, including the reasons for the decision. Step #3 – Should the grievant not be satisfied with the disposition of the grievance at Step #2, the grievant may within six (6) days of receiving the decision appeal to the Board of Education. This appeal, directed to the secretary of the Board, will be in writing and will be accompanied by a copy of the complaint and the decision rendered at Level ThreeStep #2. The Board will meet on the matter at the regularly scheduled board meeting, providing the appeal is received by the Board Secretary at least forty-eight (48) hours before the regularly scheduled meeting of the Board. This meeting will consist of the Board, Superintendent, Complainant, and his/her Union representative, if desired. Within ten (10) working days after the meeting, the Board will provide a written decision, with supporting reasons, to all parties involved. Step #4 – If the Union is not satisfied with the disposition of the grievance at Step #3, then attorneys from both sides will meet to arrive at a resolution. Each attorney’s costs will be at each organization’s own expenses. Step #5 – If the Union and/or Board are not satisfied with the disposition of the grievance at Step #4, the Union and/or Board may submit the grievance to final and binding arbitration. If a request for arbitration is not filed within thirty (30) days of the date of the Step #4 answer, then the grievance shall be deemed withdrawn. Expenses for the Arbitrator’s services shall be borne equally by the Board and Union. The arbitration proceeding shall be conducted by an Arbitrator to be selected by the two parties within seven (7) days. The Federal Mediation and Conciliation Service (FMCS) will be requested to provide a panel of seven (7) arbitrators. Each of the two parties will alternately strike one name at a time from the panel until only one shall remain. The remaining name shall be binding on the parties.
A. No teacher shall be required to discuss any grievance in the absence of a representative unless said teacher so desires.
B. No reprisals of any kind shall be taken by the Board or the Union against a teacher because of his/her participation in this grievance procedure.
C. All records dealing with the process of a grievance shall be filed separately from the personnel files of the participants.
D. The time limits at the step of this grievance procedure may be extended by written mutual agreement.
E. A grievant may withdraw a grievance at any time without prejudice.
F. A grievance must be filed and appealed within the time limits set forth above, or it shall be considered waived (if not filed in time) or settled on the basis of the last answer given (if not appealed in time). If the Board does not give its answer within the time limits set forth above, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according shall move to the provisions next step of the “Public Employee Relations ActGrievance Procedure.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number parties acknowledge that a teacher and an administrator may resolve problems through free and informal communications as long as the adjustment is not inconsistent with the terms of days indicated the collective bargaining agreement then in effect, provided the Bargaining Representative has been given an opportunity to be present at each level should be considered as maximum and every effort should be made to expedite the processsuch adjustment. The time limits may be extended by mutual consent informal disposition of problems in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of no way prohibits the Association accompany him in approaching his immediate supervisorfrom filing a grievance, nor does it establish a precedent. In such caseHowever, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed processed as follows:
Step I The grievant shall present the grievance in quadruplicate with one copy for writing, signed, dated and specifying the Associationremedy sought, one copy for to the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten administrator within (10) days after disclosure of the facts giving rise to occurrence, or date the grievance. Within five (5) days grievant had knowledge of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisoroccurrence, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the grievance whichever is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievancelater, stating the grounds for such an appealArticle and Section of the Agreement alleged to have been violated. The Director of Human Resources shall, administrator will arrange for a meeting to take place within five ten (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (510) days of receipt of the decision at Level Threegrievance. Within ten (10) days of the meeting, the grievant shall be provided with the administrator’s written response, including reasons for the decision.
Step II Failing to reach an amicable resolution at Step I, the grievant may request a hearing on the grievance may with the Willow Grove Board of Education. The request for a Step II hearing with the Board of Education shall be submitted to arbitrationthe Board of Education President within ten (10) days of the administrator’s written response at Step I, or the grievance shall be deemed to have been withdrawn. Within thirty (30) days of the request for a hearing, the Board of Education shall commence a meeting to hear the issue. Each party shall have the right to include in its representation such witnesses as it deems necessary. Within ten (10) days of the hearing, the grievant shall be provided with the Board’s written response, including the reasons for the decision.
aStep III If the Association is not satisfied with the disposition of the grievance at Step II, the Association may submit the grievance to binding arbitration with the American Arbitration Association which shall act as the administrator of the proceedings. If a demand for arbitration is not filed with the Board within thirty (30) days of the date of the Step II answer, then the grievance shall be deemed to have been withdrawn.
A. The parties will select an arbitrator according Arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of the “Public Employee Relations Act.” this Agreement. The arbitrator shall render his consider and decide only the specific issues submitted to him/her in writing, and his/her decision shall be based solely upon his/her interpretation of the meaning or application of the specific terms of this Agreement to the facts of the grievance presented.
B. Each party shall bear the full costs for its representation in writing the grievance procedure.
C. The fees and both parties agree to be bound by the award expenses of the arbitrator and agree that judgment thereon may shall be entered in any court of competent jurisdictionshared equally by the parties.
b) The Board and D. If only one party requests the Association agree presence of a court reporter; that neither party shall be permitted in bear the cost of the reporter. If both parties request a court reporter, they shall share the costs.
E. If only one party requests the postponement of an arbitration hearings to assert any ground or to rely on any evidence not disclosed to hearing, that party shall bear the other party prior to cost of such hearingspostponement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1A. Step I The parties acknowledge that it is usually most desirable for an employee and his/her immediate supervisor to resolve problems through free informal communications. Within thirty (30) The number days following the occurrence of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievantgrievable act, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of grievant may present the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by to the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate immediately involved supervisor, and one who shall arrange for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise a meeting to the grievance. Within take place within five (5) days after receipt of the filing of grievance. The grievant and/or the formal grievance in writing a meeting Association and the supervisor shall take place between be present for the immediate supervisor, meeting. The supervisor shall provide the grievant, aggrieved party and the Association representative and an with a written answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. Such answer shall include the reasons upon which the decision was based.
B. Step II If the grievance grievant is not settled satisfied with the disposition of his/her grievance at Level OneStep I, the Association may, or if no decision has been rendered within five (5) days after said decision, notify the Director presentation of Human Resources that it intends to appeal the grievance, stating then the grounds grievance may be referred to the Superintendent or his/her official designee. The Superintendent shall arrange for such a hearing with the grievant and an Association representative to take place within five (5) days of his/her receipt of the appeal. The Director parties in interest shall have the right to include in the representation such witnesses and counselors as they deem necessary to develop facts pertinent to the grievance. Upon conclusion of Human Resources shallthe hearing, the Superintendent shall have five (5) days to provide his/her written decision, together with the reasons for the decision to the Association.
C. Step III If the grievance has not been resolved in Step II or if no decision has been rendered within ten (10) days after presentation of the grievance in Step II, appeal may be made to the Board through the Superintendent. Upon receipt of the appeal the Superintendent shall arrange a meeting of the Board to take place within ten (10) days or at the next regularly scheduled Board meeting, whichever time period is longer. A written decision shall be issued within five (5) days after receipt thereofthe meeting.
D. Step IV If no satisfactory settlement is reached at Step III, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it maygrievant, within five fifteen (515) working days after of the receipt of the Level Two Step III decision, may appeal the final decision by of the grievant and employer to the Association for consideration of arbitration. The Association, be appealed within ten (10) days, may appeal the grievance to the Board by filing a written notice American Arbitration Association (AAA) for arbitration under the expedited rules with the Superintendent stating the grounds for appealfollowing exceptions:
1. A meeting with list of arbitrators shall be provided to the Board parties.
2. All communications shall occur within twenty (20) days following receipt of such notice, and be directed through the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heardAAA.
3. The Board’s written arbitrator's decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictionhim/her.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Any administrator shall have the right to present his/her grievance through the steps described in the following paragraphs with assured freedom from restraint, interference, coercion, discrimination or reprisal and shall be entitled to appear at the appeal level.
1. Any administrator who has a grievance shall first orally advise his or her immediate supervisor of its existence within twenty (20) The number of calendar days indicated at each level should be considered as maximum and every effort should be made to expedite the processafter its occurrence. The time limits may be extended by mutual consent supervisor shall meet with the administrator within fourteen (14) calendar days in writing by an attempt to resolve the authorized representatives of each partygrievance at this level. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2Within fourteen (14) Hearing shall be held calendar days after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such casediscussion, the supervisor shall not initiate any consultation with orally make known his or her decision to the grievant prior to any scheduled meeting at which the representative is to be presentadministrator.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting2. If the grievance is not settled resolved to the satisfaction of the administrator at Level Onethe level of Step 1, the Association mayadministrator may appeal, within five seven (57) days after said decisioncalendar days, notify to the Director Superintendent of Human Resources that it intends to appeal Schools in a written statement setting forth specific details and specific grounds on which the grievance, stating the grounds for such an appealgrievance is based and attaching all pertinent documents. The Director Superintendent shall confer with the parties concerned together or separately within seven (7) calendar days. The Superintendent shall render a decision within fourteen (14) calendar days of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between such occurrence. A written statement of the Central Grievance Committee decision and the Board’s Appeal Committee. The Board’s Appeal Committee supporting reasons shall give a written decision on the grievance within five (5) days thereafter and deliver it be sent to the grievant aggrieved and the Associationsupervisor.
3. If the grievance is not settled resolved at Level Two, it may, within five (5) days after receipt Step 2 to the satisfaction of the Level Two decision administrator, said administrator may request a review by the grievant Board of Education. This request shall be made in writing through the Superintendent of Schools, who shall attach all related documents and forward the Association, be appealed request to the Board. The Board by filing shall review the case, shall hold a written notice hearing with the Superintendent stating administrator, if requested by the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such noticeadministrator, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written render a decision shall be transmitted to the grievant and the Association in writing within seven twenty-one (721) days after the hearing. Within five (5) calendar days of receipt of the grievance by the Board at a regular or special meeting. Copies of the decision at Level Three, of the Board shall be sent to the aggrieved and to the Superintendent of Schools.
4. A grievance which remains unresolved to the satisfaction of the Association after the Board has rendered its decision may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.within ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) a. Grievance proceedings shall be kept informal and confidential at all levels of this procedure. Breach of confidentiality may result in disciplinary action.
b. The number of days indicated at each level should of this procedure shall be considered as maximum a maximum, and every effort should shall be made to expedite the process. .
c. If the College fails to comply with the time limit requirements as set forth under any of the procedure levels, the grievance shall be considered automatically appealed to the next level of the procedure.
d. If the grievant fails to comply with the grievant’s time limit requirements as set forth under any of the procedure levels, the grievance shall be considered null and void.
e. The time limits set forth herein may be extended by mutual consent provided the extension has been mutually agreed upon in writing by the authorized representatives parties.
f. A grievance shall not be considered unless the grievant files the grievance no later than ten (10) days after the grievant knew or reasonably should have known of each partythe action that precipitated the grievance.
g. No reprisal or retaliation by any party to the grievance shall be taken against any party as a result of participation in the proceeding of a grievance.
▇. At Level Three and above, ▇ ▇▇▇▇▇▇▇▇’s counsel ▇ and the party charged may be presentaccompanied and represented at any hearing or meeting conducted under this procedure.
2) Hearing i. An adjunct faculty member, acting individually, may present a grievance without the intervention of the Federation provided the grievance has been processed in accordance with this procedure. At any hearing of a grievance brought individually by an adjunct faculty member, the Federation as a party to this Agreement, will be afforded the opportunity to be present and present its views. Any adjustment made shall be held after normal school hoursconsistent with the provisions of this Agreement.
3) Persons proper to be j. If a grievance affects a group of two or more adjunct faculty members of the bargaining unit or involves a decision or action by the College that has a system-wide impact, the Federation may submit the grievance on behalf of the affected adjunct faculty members at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of this procedure. The parties may submit this grievance at Level One if all of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one members of the following ways:
a) He may approach bargaining unit affected by the immediate supervisor concerned and discuss grievance have the matter in his own behalfsame supervisor.
b) He k. The parties shall cooperate in any investigation that may request that a representative of be necessary in order to expedite the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be presentprocess.
c) In the event that steps “a” or “b” are unsuccessful, the teacher may file l. All documents related to a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the Appendix 7 of this contract. This grievance shall be filed maintained in quadruplicate with one copy for a separate grievance file and shall not be kept in the Association, one copy for personnel file of any of the grievant, one copy for the immediate supervisor, grievance participants.
m. All grievances and one for the Human Resources Department. A formal grievance responses shall be filed as soon as possibleand processed on grievance forms mutually agreed upon by the parties and contained in an Appendix of this Agreement.
n. Unless otherwise agreed to by the parties, but the processing of grievances shall be conducted during non-instruction time.
o. All decisions shall be submitted in no event longer than ten (10) days after disclosure writing at each step of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, procedure and the Association representative and an answer to the grievance decision shall be given submitted to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to both the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the decision at Level Three, the grievance may be submitted to arbitrationFederation.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇▇▇’s counsel may be present.
2) Hearing shall be held after normal school hours.
3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
c) A. In the event that steps “a” or “b” are unsuccessfula grievant believes there is a basis for a grievance, the teacher grievant may file a first discuss the alleged grievance with his/her principal or other appropriate supervisor either personally or accompanied by his/her Association representative.
B. Any employee may present his/her grievance to the District and have such grievance adjusted without the intervention of the Association, as long as the Association has been given an opportunity to be present at that adjustment and to make its views known, and as long as the adjustment is not inconsistent with the terms of this Agreement.
C. If the grievance is not resolved in A or B above, formal grievance procedures may be instituted.
STEP 1. The grievant may invoke the formal grievance procedure through the Association on the grievance form which will be available from the Association representative in writing on each building. A copy of the grievance form shall be delivered to the principal or appropriate supervisor. If the grievance involves more than one (1) school building, it may be filed with the Superintendent or a form provided representative designated by the Human Resources DepartmentSuperintendent. This form A grievance must be filed within twenty (20) days of the occurrence or knowledge of the event of which he/she complains.
STEP 2. If the grievant is shown in not satisfied with the Appendix 7 disposition of this contract. This the grievance, the grievance shall be filed in quadruplicate with one copy for transmitted to the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources DepartmentSuperintendent within five (5) days. A formal grievance shall be filed as soon as possible, but in no event longer than Within ten (10) days after disclosure upon receipt the Superintendent or acting superintendent shall meet with the grievant and his/her Association representative on the grievance and shall indicate his/her disposition of the facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after of such meeting, and shall furnish a copy thereof to the meetinggrievant(s) and to the Association.
STEP 3. If the grievance grievant is not settled at Level Onesatisfied with the disposition of the grievance by the superintendent, the grievance shall be transmitted to the Chairman of the School Board within five (5) days. Within ten (10) days upon receipt the Board shall meet with the grievant and his/her Association may, representative on the grievance and shall indicate the disposition of the grievance in writing within five (5) days after said decisionof such meeting, notify and shall furnish a copy thereof to the Director grievant(s) and to the Association.
STEP 4. If the grievant is not satisfied with the disposition of Human Resources that it intends to appeal the grievance by the Board, the grievance, stating only at the grounds for such an appeal. The Director option of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, may be appealed to submitted before an impartial arbitrator. The Association shall exercise its rights of arbitration by giving the Board by filing a Superintendent written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur of its intention to arbitrate within twenty ten (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (510) days of receipt of the decision at Level Three, written disposition of the grievance may be submitted to arbitration.
a) The Board. If the parties will select an arbitrator according cannot agree to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.within five
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Sources: Collective Bargained Agreement