Step II: Formal Stage Clause Samples

The 'Step II: Formal Stage' clause outlines the procedures to be followed when an issue or dispute cannot be resolved informally and must progress to a more structured process. Typically, this stage involves submitting a formal written complaint or grievance to a designated authority or committee, followed by a scheduled meeting or hearing where both parties can present their cases. The core function of this clause is to ensure that unresolved matters are addressed through a clear, documented, and fair process, providing both parties with an opportunity for formal resolution and helping to prevent misunderstandings or arbitrary decisions.
Step II: Formal Stage. If the informal procedure described at Step I of this Clause is unsuccessful in resolving the dispute or difference, the grievor may present a formal grievance to the ▇▇▇▇/University Librarian. A formal grievance shall be in writing signed by the member and shall specify the matter(s) in dispute, the Article(s) alleged to have been violated, and the remedy sought. A formal grievance shall be presented within twenty days of the date on which the event(s) giving rise to the grievance occurred or within twenty days of the date upon which the grievor ought to have known of the event(s) giving rise to the grievance. No later than five days following the receipt of the formal grievance, the ▇▇▇▇/University Librarian shall meet with the grievor, who shall have the right to be accompanied and officially represented by an Association representative, and the parties shall make every reasonable effort to resolve the grievance. In the event that a resolution is reached, it shall be immediately put in writing and signed by the ▇▇▇▇/University Librarian and the grievor. In the event that the Association is not a signatory to the resolution, the ▇▇▇▇/University Librarian shall send a copy of the resolution to the President of the Association, but such resolution shall not constitute a precedent to be used against the Board, the Association, or any other member. In the event that no resolution is reached, the ▇▇▇▇/University Librarian shall forward in writing to the grievor and to the President of the Association a statement of his/her position within five days of the date of the meeting specified in 30.07.02.
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Related to Step II: Formal Stage

  • Formal Stage Step 1 a) Where OSSTF decides to proceed with a grievance, it shall commit the grievance to writing, setting out the facts of the grievance together with the provisions of the Agreement claimed to have been violated and indicating the relief sought and shall deliver the same to the Principal or Supervisor within twenty (20) days from the time of the occurrence of the circumstances giving rise to the grievance or when the employee ought reasonably to have become aware of the circumstances giving rise to the grievance under this Collective Agreement. b) The Principal or immediate supervisor or designate, shall meet with the grievor(s) and the designate OSSTF representative(s) within ten (10) days from the receipt of the grievance. The Principal or immediate supervisor or designate shall forward the written decision to OSSTF within five (5) days of such meeting. a) Failing settlement at Step 1, OSSTF may submit the grievance, in writing, to the Director or designate within five (5) days of receiving the decision at Step 1. b) The Director or designate shall meet with the designated OSSTF representative(s) within ten (10) days from the receipt of the grievance. The grievor(s) may attend such meeting at the request of the OSSTF representative(s). The Director or designate shall forward a written decision to OSSTF within five (5) days of such meeting. If no settlement is reached, OSSTF may submit the grievance to arbitration within twenty (20) days of receipt of the response as follows:

  • Step III 21.5.1 If the employee desires to appeal the grievance to Step III, the employee shall indicate in writing the reason for the appeal and present it along with the original written grievance to the Municipal Employee Relations Officer or designee within ten (10) working days following receipt of the written decision at Step II. 21.5.2 Within ten (10) working days after receipt of the appeal to Step III, the Municipal Employee Relations Officer or designee shall schedule a meeting with the employee, the appropriate Union representative, and the Department Director or designee to discuss the matter. A written decision shall be given to the employee or the appropriate Employee Organization representative within ten (10) working days following the meeting. 21.5.3 If the decision of the Municipal Employee Relations Officer or designee is unsatisfactory, the appropriate Employee Organization representative may appeal the grievance to Step IV - Arbitration.

  • STEP II If the grievance is not resolved at Step I then the Association may refer the grievance to the superintendent or the superintendent’s official designee within ten (10) days after receipt of the Step 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. Each party may include in its representation such witnesses and counselors as it deems necessary. Within five (5) days of the meeting, the Association shall be provided with the superintendent’s written response, including the reasons for the decision.

  • Step I 18.3.1.1 An employee may present the grievance orally either directly or through the Union representative to the immediate supervisor. The grievance must be presented within ten (10) working days following the event or events on which the grievance is based. The immediate supervisor shall make whatever investigation is necessary to obtain the facts pertaining to the grievance. Within ten (10) working days after receiving the oral grievance, the immediate supervisor shall give the employee an oral reply. 18.3.1.2 If the employee is not satisfied with the reply of his/her immediate supervisor, he/she may appeal the grievance to Step II.

  • Step Four If the grievance is not settled at Step Three and the Association desires to appeal it to the Fourth Step, the Association must file a written request for binding arbitration with either the American Arbitration Association (AAA) or Michigan Arbitration & Mediation Association (MAMA) and must serve a written copy of such request upon the Superintendent, all within fifteen (15) working days after the Board's Step Three answer. AAA or MAMA shall appoint an arbitrator in accordance with their rules. 10.8.1 Any such binding arbitration proceeding shall be subject to all of the following terms and conditions: a. The recommendation(s) of the arbitrator shall be binding upon the Board and the Association. However, each party may have its legal remedies if the arbitrator exceeds the powers described in this Agreement. b. Not more than one (1) grievance shall be heard by any arbitrator at any one time unless the parties mutually agree otherwise. The arbitration hearing shall be held in Board offices; or at a mutually agreeable site. c. The arbitrator shall have no authority, directly or indirectly, to add to, subtract from, disregard, alter or modify any provision or provisions of the Agreement; her/his powers are limited to interpreting this Agreement. d. The arbitrator shall not base his/her recommendation(s) on state or federal law, or interpret state or federal law or the Constitution, but must make recommendation(s) solely on the basis of the provisions of this Agreement. e. The arbitrator shall not recommend any alteration in any policies, rules and/or actions of the Board which are not specifically in violation of this Agreement. f. The arbitrator shall not recommend any monetary or financial adjustment or settlement of a grievance retroactively more than twenty five (25) working days before the date of filing the grievance, or the payroll period immediately preceding initiation of the grievance at the Informal Level, whichever is longer; and any claim for or recommendation of back wages shall be offset by any unemployment compensation paid, and by any compensation derived from any substitute employment or interim earnings (provided such earnings were not part of grievant's earnings prior to the incident precipitating the grievance), during the period for which back wages are sought. g. The arbitrator shall not recommend any punitive damages. h. The arbitrator shall have no power to recommend new salary schedules, or to recommend any monetary adjustment where there has been no wage loss. i. The costs or expenses of the arbitrator shall be borne by the party least supported by the arbitrator’s decision as determined by the arbitrator. Any costs or expenses individually incurred by the parties, however, including any transcript of an arbitration proceeding ordered by a party shall be borne by the party incurring the cost of expense. j. Any grievance which is not appealed to binding arbitration within the time limit hereinabove provided shall be considered adjusted and may not thereafter be so appealed. k. The arbitrator shall have no power to decide any question which, under this agreement, is within the responsibility of management to decide, except as they may be specifically limited by this agreement. l. Grievances which are not filed or appealed in the manner or within the time limits specified in the grievance procedure shall be considered to have been withdrawn or abandoned and shall not be resubmitted. If the Board fails or neglects to answer a grievance within the time limits specified at the various steps of the grievance procedure, the grievance shall automatically be referred to the next higher step in the grievance procedure. m. It is understood and agreed, however, that the time limits specified in this grievance procedure may be extended by mutual agreement in writing between the aggrieved employee or Association and the Board. n. Notwithstanding any other provisions hereof, any individual employee may at any time present a grievance through Step Two on the employee's own behalf and have the grievance adjusted, without intervention by the Association, if the adjustment is not inconsistent with the terms of this agreement, provided the Association has been afforded an opportunity to be present at such adjustment. A copy of any adjusted grievance under this paragraph will be forwarded to the Association President. o. The decision of the arbitrator shall be final as to all parties and shall be enforceable through application of the Circuit Court for the County of Newaygo for enforcement. p. Students’ FERPA rights will be honored throughout the process. q. Any grounds or evidence not identified in the grievance procedure by written reference shall not be admitted at arbitration, except in the event that testimony provides newly discovered evidence, as the parties agree that the purpose of this procedure is to resolve all disputes at the earliest possible phase, and surprising the other party with new evidence or grounds at arbitration is contrary to that mutually recognized goal. r. The grievance and arbitration procedure shall not apply to: 1. The discharge, discipline, failure to re-employ or suspension of a probationary employee. 2. Any matter involving the content of an employee's written evaluation, unless specifically stated otherwise herein. 3. Any provision of this agreement which contains an express exclusion from this procedure. 4. Any matter prescribed by law over which the Board either has no power or discretion, provided the matter and/or its impact is not addressed specifically in this Agreement. However, alleged contract violations that arise from the contractual impact of such matters prescribed by law are fully arbitrable, except for the nonnegotiable impacts identified in PA 112. s. The following matters shall not be advanced to arbitration, though they may be processed through the grievance procedure: 1. Any matter or complaint for which there is recourse under state or federal statutes, (specifically EEOC, MDCR and OCR). 2. The content of any job description or posting, the qualifications or performance expectations required of any position. 3. Alleged procedural violations of Article 17 may advance to arbitration, but no evaluation shall be rescinded solely due to alleged procedural defects, unless such defects resulted in discipline or financial loss to the employee.