Common use of STEP II Clause in Contracts

STEP II. a. The Employer representative shall meet with the Association representative within five (5) days after receipt of the written grievance and attempt to mutually resolve the dispute. The parties shall be required to meet within reasonable times and in good faith attempt to resolve the grievance. If agreement is reached, it shall be in writing and signed by both parties. b. If no agreement is reached, the Employer representative shall, within ten (10) days following the meeting, submit to the Association representative the Employer’s written answer. The Association representative must submit the unresolved grievance to the School board within (5) days after receipt of the Employer’s answer in writing. Such request must be filed in the office of the superintendent of Schools. a. The School Board, or its designee, shall meet with the Association representative within ten (10) days after receipt of the grievance to attempt to resolve the dispute. The time and place of the meeting will be at the discretion of the School Board. If agreement is reached, it shall be in writing and signed by both parties. b. If no agreement is reached following the meeting, the employee will, within five (5) days following the meeting, submit to the Association its written answer. The Association must submit the unresolved grievance to final and binding arbitration within ten (10) days after receipt of the Employer’s answer. Such written request must be filed in the office of the Superintendent of Schools. a. The Employer and the Association representatives shall, within seven (7) days after the request to arbitrate, set a meeting at which time they shall endeavor to select a mutually acceptable arbitrator to hear and decide the grievance. b. If the Employer and the Association are unable to agree on an arbitrator, either party may request the State Bureau of Mediation services to submit to the parties a panel of arbitrators. Such request to be made within five (5) days following the above meeting. Each party shall be responsible for equally compensating the arbitrator for fees and necessary expenses. The parties shall alternately strike names of arbitrators from the panel of arbitrators received from the Bureau. c. The arbitrator shall not have the power to add to, subtract from, or modify in any way, the terms of this Agreement. d. The decision of the arbitrator shall be final and binding upon the parties. The decision shall be issued to the parties by the arbitrator and a copy shall be filed with the Bureau of Mediation Services, State of Minnesota.

STEP II. If the decision of the Site Manager in Step I is not satisfactory, the grievance may then be appealed, in writing, to the Corporate Labor Relations Representative or his designee and the District 142 General Chairman or his designee. Such appeal is to be filed no later than fifteen (15) work days after receipt by the Chief ▇▇▇▇▇▇▇ of the decision rendered in Step I hereof, or the last day on which such decision was due, whichever is sooner, otherwise such decision shall be final and the employee shall have no further recourse under this Agreement. The Corporate Labor Relations Representative or designee shall provide a written decision within fifteen (15) work days after receipt of such appeal. a. The Employer representative shall meet If no satisfactory adjustment or settlement is reached according to the procedure herein established, such grievance may then be appealed to arbitration. Such appeal to arbitration must be filed by the Union with the Association representative Company's Corporate Labor Relations Representative within five fifteen (515) work days after receipt of the written Company's Step II grievance and attempt answer. Failure to mutually resolve file such appeal within the disputestated time shall result in the Company's Step II answer being accepted. The union's decision to withdraw a grievance, not to process or appeal a grievance to the next step shall not in any way prejudice its position on the issue or issue involved. The Company and Union mutually agree that the parties shall be required may mutually agree to meet within reasonable times waive Step I or Step II of the grievance procedure and proceed directly to Step II or arbitration as called for in good faith attempt the next step in the grievance procedure. Any agreement to resolve the grievance. If agreement is reached, it shall proceed directly to arbitration must be in writing and signed by both partiesthe Union and the Company. b. If no agreement is reached, the Employer representative shallThe parties, within ten thirty (1030) work days following the meeting, submit to the Association representative the Employer’s written answer. The Association representative must submit the unresolved grievance to the School board within (5) days after of receipt of the Employer’s answer in writing. Such notice of desire to arbitrate, will request must be filed in the office Federal Mediation and Conciliation Service (FMCS) to submit a list of the superintendent of Schools. a. The School Board, or its designee, shall meet with the Association representative within ten (10) days after receipt of the grievance to attempt to resolve the dispute. The time and place of the meeting will be at the discretion of the School Board. If agreement is reached, it shall be in writing and signed by both parties. b. If no agreement is reached following the meeting, the employee will, within five (5) days following the meeting, submit to the Association its written answer. The Association must submit the unresolved grievance to final and binding arbitration within ten (10) days after receipt of the Employer’s answer. Such written request must be filed in the office of the Superintendent of Schools. a. The Employer and the Association representatives shall, within seven (7) days after the request to arbitrate, set a meeting at which time they shall endeavor to select a mutually acceptable arbitrator to hear and decide the grievance. b. If the Employer and the Association are unable to agree on an arbitrator, either party may request the State Bureau of Mediation services to submit to the parties a panel of arbitrators. Such request to be made within five (5) days following the above meeting. Each party FMCS shall be responsible for equally compensating originated by the arbitrator for fees and necessary expensesparty requesting arbitration. The Within twenty (20) work days of receipt of the list of arbitrators, the parties shall select one (1) of the seven (7) as an arbitrator. Failing to mutually agree to an arbitrator, each party shall alternately strike names of arbitrators from off a name until one (1) name remains on the panel of arbitrators received from the Bureaulist. c. The arbitrator shall not have the power to add to, subtract from, or modify in any way, the terms of this Agreement. d. The written decision of the arbitrator shall be final and binding upon the on all parties. The decision fees and expenses of the arbitrator shall be issued home equally by the Union and the Company. The Company and the Union shall each pay its own fees, costs and expenses incidental to the parties by the arbitrator and a copy arbitration. d. The arbitrator's powers shall be filed with limited to the Bureau application and interpretation of Mediation Servicesthis Agreement and he shall have no authority to add to, State subtract from, modify or amend in any way, the terms or conditions of Minnesotathis Agreement. e. It is understood that the time limits specified herein may be extended by mutual agreement of the parties hereto.

STEP II. If the decision of the Site Manager in Step I is not satisfactory, the grievance may then be appealed, in writing, to the Regional Manager or his designee and the District 142 General Chairman or his designee. Such appeal is to be filed no later than fifteen (15) workdays after receipt by the Chief ▇▇▇▇▇▇▇ of the decision rendered in Step I hereof, or the last day on which such decision was due, whichever is sooner, otherwise such decision shall be final and the employee shall have no further recourse under this Agreement. The Regional Manager or designee shall provide a written decision within fifteen (15) workdays after receipt of such appeal. a. The Employer representative shall meet If no satisfactory adjustment or settlement is reached according to the procedure herein established, such grievance may then be appealed to arbitration. Such appeal to arbitration must be filed by the Union with the Association representative Company's Corporate Labor Relations Representative within five fifteen (515) days workdays after receipt of the written Company's Step II grievance and attempt answer. Failure to mutually resolve file such appeal within the disputestated time shall result in the Company's Step II answer being accepted. The union's decision to withdraw a grievance, not to process or appeal a grievance to the next step shall not in any way prejudice its position on the issue or issue involved. The Company and Union mutually agree that the parties shall be required may mutually agree to meet within reasonable times waive Step I or Step II of the grievance procedure and proceed directly to Step II or arbitration as called for in good faith attempt the next step in the grievance procedure. Any agreement to resolve the grievance. If agreement is reached, it shall proceed directly to arbitration must be in writing and signed by both partiesthe Union and the Company. b. If no agreement is reached, the Employer representative shallThe parties, within ten thirty (1030) days following the meeting, submit to the Association representative the Employer’s written answer. The Association representative must submit the unresolved grievance to the School board within (5) days after workdays of receipt of the Employer’s answer in writing. Such notice of desire to arbitrate, will request must be filed in the office Federal Mediation and Conciliation Service (FMCS) to submit a list of the superintendent of Schools. a. The School Board, or its designee, shall meet with the Association representative within ten (10) days after receipt of the grievance to attempt to resolve the dispute. The time and place of the meeting will be at the discretion of the School Board. If agreement is reached, it shall be in writing and signed by both parties. b. If no agreement is reached following the meeting, the employee will, within five (5) days following the meeting, submit to the Association its written answer. The Association must submit the unresolved grievance to final and binding arbitration within ten (10) days after receipt of the Employer’s answer. Such written request must be filed in the office of the Superintendent of Schools. a. The Employer and the Association representatives shall, within seven (7) days after the request to arbitrate, set a meeting at which time they shall endeavor to select a mutually acceptable arbitrator to hear and decide the grievance. b. If the Employer and the Association are unable to agree on an arbitrator, either party may request the State Bureau of Mediation services to submit to the parties a panel of arbitrators. Such request to be made within five (5) days following the above meeting. Each party FMCS shall be responsible for equally compensating originated by the arbitrator for fees and necessary expensesparty requesting arbitration. The Within twenty (20) workdays of receipt of the list of arbitrators, the parties shall select one (1) of the seven (7) as an arbitrator. Failing to mutually agree to an arbitrator, each party shall alternately strike names of arbitrators from off a name until one (1) name remains on the panel of arbitrators received from the Bureaulist. c. The arbitrator shall not have the power to add to, subtract from, or modify in any way, the terms of this Agreement. d. The written decision of the arbitrator shall be final and binding upon the on all parties. The decision fees and expenses of the arbitrator shall be issued split equally by the Union and the Company. The Company and the Union shall each pay its own fees, costs and expenses incidental to the parties by the arbitrator and a copy arbitration. d. The arbitrator's powers shall be filed with limited to the Bureau application and interpretation of Mediation Servicesthis Agreement and he shall have no authority to add to, State subtract from, modify or amend in any way, the terms or conditions of Minnesotathis Agreement. e. It is understood that the time limits specified herein may be extended by mutual agreement of the parties hereto.