Tuesday, June 1, 2010

Grievance Procedure, Article II MASTER CONTRACT


Grievance Procedure

A. Definitions

1. Grievance. A grievance is a claim by an employee, a group of employees, or the Association that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement.

2. Aggrieved Person. An "aggrieved person" is the person or persons or the Association filing the grievance.

3. Party in Interest. A "party in interest" is the person or persons filing the grievance and any person, including the Association or Board, who might be required to take action, or against whom action might be taken in order to resolve the grievance.

4. The term "days", when used in this contract shall mean working days throughout the year (12 months), except where otherwise indicated, excluding weekends, holidays, and school vacation days. Summer months shall not be considered vacation days.

5. A grievance representative is the person or persons chosen to represent the aggrieved party at any level of the procedure.

B. Procedures

Level One (Informal)

1. An employee or group of employees with a grievance will first discuss it with his/her principal, either individually or with a grievance representative present, with the objective of resolving the matter informally. The principal shall be informed of the event giving rise to the grievance and the principal shall meet with the employee within five (5) days of being informed of such event.

2. Initiation of action on any grievance must begin not later than ten (10) school days after the event which is in question. Grievances may be filed any time concerning matters where violations, misinterpretations, or misapplications are continuous or ongoing.

3. All discussions and decisions in Level One shall be restricted to the parties in interest and their representatives.

Level Two (Formal)

1. If, after the informal discussion with the principal or immediate supervisor, a grievance still exists, the aggrieved person may invoke the formal grievance procedure by filing a written grievance with the immediate supervisor within five (5) days. The grievance form shall be available from the Association and shall be signed by the aggrieved person. The written rationale for the appeal shall include grounds for regarding the supervisors decision as incorrect. It shall state the names of all persons officially present at the Level One proceeding.

2. The immediate supervisor shall communicate his decision in writing within five (5) days and present it to the grievant. All discussions and decisions in Level Two shall be restricted to the parties in interest and their representatives.

Level Three

1. Within five (5) days of the receipt of the decision rendered by the immediate supervisor, the aggrieved person shall have the option of appealing the decision to the superintendent. Such appeal shall include a copy of the decision being appealed and grounds for regarding the decision as incorrect. Such appeal shall be directed to the superintendent and shall be in writing.

2. The superintendent, within ten (10) days, shall meet with the aggrieved person and/or parties in interest. Disposition of the grievance shall be made in writing by the superintendent within five (5) days after the said meeting. A copy of such disposition shall be furnished to the aggrieved person and the Association.

Level Four

1. If the aggrieved person and/or the Association is not satisfied with the disposition of the grievance by the superintendent, or if no disposition has been made within the time limits, the aggrieved person and the Association may submit the grievance to arbitration.

2. If, within ten (10) days following the Level Three decision, the Association submits a notice to the superintendent of the intent to enter into 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 to obtain such a commitment within five (5) days, a written request for a list of arbitrators shall be made to the Public Employment Relations Board by either party, subject to their availability. The list shall consist of five (5) arbitrators and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) days. Then the parties shall have one day alternately to remove names until only one name remains. The person whose name remains shall be the arbitrator.

3. The arbitrator, so selected, shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue the decision not later than fifteen (15) days from the date of the close of the hearings or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to the arbitrator. The arbitrator's decision shall be in writing and shall set forth the findings of fact, reasoning, and conclusion on the issues submitted. The arbitrator shall have no power to alter, add to, or detract from the specific provisions of the contract. The decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on the parties.

4. 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.

C. Miscellaneous

1. Separate Grievance File. All documents, communications, and records dealing with the processing of a grievance, except those originating with the personnel file, shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants.

2. Meetings and Hearings. All meetings and hearings after Level Two under this procedure shall be conducted in private, upon request, and shall include only witnesses, the parties in interest, and their designated or selected representatives, heretofore referred to in this Article.

3. Failure of the person deciding the grievance at any step of this procedure to communicate the decision in writing on a grievance within the specified time limits shall permit the aggrieved person to proceed to the next step. Failure by the aggrieved person at any step to appeal within the specified time limits shall be deemed to be acceptance of the decision rendered at that step.

4. Time limits at any level may be extended by mutual agreement of the parties involved. Such agreement must be in writing.

5. Any party in interest may be represented at all stages of the grievance procedure by a representative of his/her own choosing. When an employee is not represented by the Association, the Association shall have the right to be present at Level Two and beyond.

6. If the grievant first files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the School District shall not be required to process the same claim through this grievance procedure.