ARTICLE XIX – GRIEVANCE PROCEDURE
1. The “grievant” is the person, persons, or the Association instituting the action.
2. A “grievance” is a claim that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any existing rule, order, or regulation of the Board.
3. The term “teacher” includes any individual or group who is covered by this contract.
4. A “party of interest” is the bargaining unit member, or members, who might be required to take action, or against whom action might be taken in order to resolve the problem.
5. The term “days” in this Article shall mean days when school is in session, as set forth in the Schedule G calendars excluding forgiven days (e.g., snow days).
B. The primary purpose of this procedure is to secure, at the lowest level possible, equitable solutions to the problems of the parties. Nothing contained herein shall be construed as limiting the right of any teacher with a grievance to discuss the matter informally with any appropriate member of the Administration or proceeding independently as described in Section E of these procedures.
1. There shall be one, or more, Association Representatives (building representatives) for each school building to be selected in a manner determined by the Association.
2. The Association shall establish a Grievance Committee. All meetings and decisions concerning any grievance shall be arranged through this Committee. If any Association Representative, or any member of the Grievance Committee is party to any grievance, s/he shall disqualify him/herself and a substitute shall be named by the Association.
3. The building principal shall be the administrative representative when the particular grievance arises in that building.
4.The Superintendent or his/her delegate shall be the administrative representative when the grievance arises in more than one (1) school building.
5. 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 or reduced by written mutual consent.
6. A system will be used to number grievances which will include building code, number of grievance (sequence) filed in the respective building, and the school year filed. The following building code will be used:
|The Learning Community||TLC|
|Example: The first grievance filed at the high school in the 2010 – 2011 school year would be numbered: CAHS-01-( 10-11 ).|
Any teacher who believes s/he has a grievance shall meet with his/her immediate supervisor within twenty-five (25) days of the incident to discuss the alleged violation. The teacher is entitled to take an Association Representative to the meeting. If this meeting does not result in a resolution by both parties, the following formal grievance procedure shall be followed:
LEVEL ONE – IMMEDIATE SUPERVISOR
If the grievance is not resolved by this discussion the grievance shall be put in writing on the appropriate form. It shall be signed by the grievant or the Association and delivered to his/her immediate supervisor within the same twenty-five (25) days after the alleged incident was known or should have been known to the aggrieved party. The written grievance must contain the claimed violation and pertinent contract/policy citations.
The immediate supervisor shall convene a meeting with the grievant and/or the Association within seven (7) days of receipt of the grievance. The supervisor shall render a written decision within seven (7) days of the meeting.
LEVEL TWO – SUPERINTENDENT/OR DESIGNEE
If the grievance is not resolved by the above steps, within seven (7) days, the Grievance Committee may file an appeal with the Superintendent or Designee. A hearing shall be scheduled within seven (7) days, and occur within fifteen (15) days, in the attempt to resolve the matter. Both the Association and the employer shall have the right to request the presence of any necessary parties with knowledge of the aggrieved incident. The employer representative shall render a written disposition of the grievance within seven (7) days of the hearing.
LEVEL THREE – ARBITRATION
a. If the disposition of the grievance from Level Two is not satisfactory, the Association may, within twenty-five (25) days of when the Level Two answer was due, submit the grievance to arbitration. The arbitrator shall be selected according to the rules of the American Arbitration Association unless the parties agree to mutually select an arbitrator.
b. The arbitrator shall have power only to rule on matters clearly specified in this agreement. He/She shall have no power to add to, subtract from, or modify any language contained in this agreement.
c. The decision of the arbitrator shall be final and binding upon all parties, provided that the decision was made in accordance with the provisions of this Agreement.
d. Should the arbitrator decide that he/she has no power to decide the dispute above, he/she shall, as soon as practical, so notify the employer and the Association.
e. The fees and expenses of the arbitrator shall be shared equally by both parties. Additional expenses incurred by either party shall be paid by the party incurring the expense.
f. The Board and the Association shall not be permitted to assert in such arbitration preceding any ground or to rely on any evidence not previously disclosed to the other party.
g. Prior to requesting arbitration, the Association, in its sole discretion, may make a presentation to the Board of Education concerning the grievance. Such presentation may or may not include the grievant(s) addressing the Board. The presentation shall be scheduled in advance by written notice to the Board recording secretary. Normally such presentation shall not exceed fifteen (15) minutes. The Board shall hear the presentation but shall not render a disposition.
Rights of Representation
A party of interest may be present at all meetings and hearings at any level of the grievance procedure when requested by the Association. When a teacher is not represented by the Association, the Association shall have the right to be present and to state its views at all grievance meetings beginning with Level One. The employer must notify the Association of these meetings.
1. If, in the judgment of the Association Representative of the Grievance Committee, the grievance affects a group of teachers, the Grievance Committee may process the grievance at the appropriate level.
2. No reprisals of any kind shall be taken by or against any participant in the grievance procedure by reason of such participation.
3. All documents, communications, and records dealing with the grievance shall be filed separately from the personnel files of the participants.
4. Forms for filing and processing grievances are found in the appendices to this Agreement.
5. Access shall be made available to all parties, places, and records, for all information necessary to the determination and processing of the grievance.
6. Grievances arising from the filling of positions outside of Schedule A shall not be processed beyond Level Two of the grievance procedure. The decision of the Superintendent shall be final and binding on both parties.
Any grievance not appealed from a decision at any level of this procedure within the timelines shall be considered settled. No further appeal shall be made unless by mutual agreement where extenuating circumstances merit such consideration. A grievance may be withdrawn at any level.