G
GTOP
Guest
- Jurisdiction
- Oregon
I'm on step 3 of the procedure quoted below from the CBA. I was called to a meeting with the sup where I was given a document saying that the association and district agreed no contract violation occurred and that because of this the grievance could not proceed any farther. BTW, the person who supposedly represents the association never told me about this ahead of time even though I emailed him the night before that a meeting had been set up (he responded to the email saying he couldn't be there). He has known about this grievance since the first step and sat in on Step 2. I'm still waiting to hear from him.
My question is: Can I take this to the next step/s without the associations blessing? And if I can, would the Association be obligated to pay half the expenses? The 4th and 5th steps are mediation/arbitration. In those, the wording is changed from "employee" to "party"
"1. Step 1
a. Any aggrieved employee shall promptly attempt to resolve the grievance informally between the employee and his/her supervisor.
b. If the grievance is not resolved informally, it shall be submitted to the supervisor in writing. If an employee does not submit his/her grievance to the supervisor in writing in accordance with Step 1 within fifteen (15) schools days after the facts upon which the grievance is based first occur or first become known to the employee, the grievance will be deemed waived. The aggrieved employee may be accompanied by one other member of the Association when presenting the written grievance.
c. The supervisor will reply in writing to the employee with a copy to the Association within ten (10) school days after receipt of the written grievance.
2. Step 2
If the grievance is not settled in Step 1 and the employee wishes to appeal the grievance to Step 2, the employee may file the grievance in writing to the superintendent within ten (10) school days after receipt of the supervisors written answer. The written grievance shall provide a clear and concise review of the circumstances, including the fact(s) upon which the grievance is based, the issues involved, the Agreement provisions involved, and the relief sought. The superintendent shall thoroughly review the grievance, arrange for necessary discussions with the employee, and give a written response to the employee, with a copy to the Association, no later than ten (10) school days after the receipt of the written grievance.
3. Step 3
If the grievance is not settled in Step 2 and the employee wishes to appeal the grievance to Step 3, the employee may file the grievance in writing to the Board of Education within ten (10) school days after the receipt of the superintendents written answer. The written grievance shall provide a clear and concise review of the circumstances, including the fact(s) upon which the grievance is based, the issues involved, the Agreement provisions involved, and the relief sought. The Board of Education or its representative shall thoroughly review the grievance, arrange for necessary discussions, and give a written answer to the employee, with a copy to the Association, no later than ten (10) school days after receipt of the written grievance."
My question is: Can I take this to the next step/s without the associations blessing? And if I can, would the Association be obligated to pay half the expenses? The 4th and 5th steps are mediation/arbitration. In those, the wording is changed from "employee" to "party"
"1. Step 1
a. Any aggrieved employee shall promptly attempt to resolve the grievance informally between the employee and his/her supervisor.
b. If the grievance is not resolved informally, it shall be submitted to the supervisor in writing. If an employee does not submit his/her grievance to the supervisor in writing in accordance with Step 1 within fifteen (15) schools days after the facts upon which the grievance is based first occur or first become known to the employee, the grievance will be deemed waived. The aggrieved employee may be accompanied by one other member of the Association when presenting the written grievance.
c. The supervisor will reply in writing to the employee with a copy to the Association within ten (10) school days after receipt of the written grievance.
2. Step 2
If the grievance is not settled in Step 1 and the employee wishes to appeal the grievance to Step 2, the employee may file the grievance in writing to the superintendent within ten (10) school days after receipt of the supervisors written answer. The written grievance shall provide a clear and concise review of the circumstances, including the fact(s) upon which the grievance is based, the issues involved, the Agreement provisions involved, and the relief sought. The superintendent shall thoroughly review the grievance, arrange for necessary discussions with the employee, and give a written response to the employee, with a copy to the Association, no later than ten (10) school days after the receipt of the written grievance.
3. Step 3
If the grievance is not settled in Step 2 and the employee wishes to appeal the grievance to Step 3, the employee may file the grievance in writing to the Board of Education within ten (10) school days after the receipt of the superintendents written answer. The written grievance shall provide a clear and concise review of the circumstances, including the fact(s) upon which the grievance is based, the issues involved, the Agreement provisions involved, and the relief sought. The Board of Education or its representative shall thoroughly review the grievance, arrange for necessary discussions, and give a written answer to the employee, with a copy to the Association, no later than ten (10) school days after receipt of the written grievance."
