Article III Resolution of Grievances and Problems
III.1 Grievance procedure
A. A grievance is a dispute between the management representative of the Board and employee by name, group of employees by names, or Association involving the interpretation or application of this Agreement.
B. All employees within the bargaining unit may have the right to be represented, in the determination of a grievance, by the Association. However, nothing in this part shall be construed to prevent any employee from presenting, at any time, his/her own grievance, in person or by legal counsel, and having such grievance adjusted without the intervention of the bargaining agent if the Association has been given reasonable opportunity to be present, and providing the adjustment is not inconsistent with the terms of this Agreement.
C. If a dispute should arise concerning the interpretation or application of this Agreement, the complainant shall first informally discuss the problem with his/her immediate supervisor within fifteen (15) working days of the latter of either the origination of the dispute or of the complainant becoming aware of the alleged violation. If the complainant is not satisfied after informally discussing the complaint, the complainant may file a formal grievance within seven (7) working days with the principal or his/her designee.
D. The number of days indicated at each level is considered to be the maximum. Time limits, may, however, be extended by mutual agreement between the grievant and the appropriate level management representative. Verbal agreements shall be confirmed in writing.
E. An employee who is not assigned to an individual school may file a grievance with the director to whom he/she is responsible. The grievant and director will follow the procedure outlined in LEVEL ONE of this article.
F. In the event an employee has a complaint, he/she shall abide by the management decision involved prior to and during the time the grievance has been filed and has been processed.
G. A grievance may be withdrawn at any level but the same grievance may not be filed a second time by the same party.
H. For the purpose of this Grievance Procedure, working days are defined as those days, Monday through Friday, exclusive of legal school holidays.
I. All grievances will be processed during times which do not interfere with or cause interruption of the grievant‘s work responsibilities. Release time may be granted by the principal when deemed necessary. Such release time, as granted by the principal, shall be without loss of pay for such participation.
J. If not satisfied at the conclusion of the informal discussion, the employee may become a grievant by filing a written grievance with the principal within seven (7) working days. The written grievance shall be filed on the form provided (APPENDIX A). The original grievance is filed with the principal and a copy shall be forwarded to the Association, the Superintendent, and to the 9 Board Attorney. If the grievant does not file a grievance within seven (7) working days after the informal discussion period, the right to proceed with this grievance for this incident is waived by all parties.
K. Copies of the management decisions at each level and the grievant‘s written statements given at any step of the Grievance Procedure whatsoever, shall be forwarded to the grievant, Association, Board Attorney, and the Superintendent.
Level One
LEVEL ONE
Within seven (7) working days after the filing of a grievance, the principal will meet with the grievant and formally discuss the grievance and any supporting evidence available so that a formal resolution of the dispute may be found between the two parties. The management position shall be entered in a written statement by the principal that is to be signed by both parties within seven (7) working days of the meeting. The grievant shall indicate with his/her signature his/her satisfaction, or lack of satisfaction, with the decision in writing. Copies of this statement will be made a part of the original grievance form by attachment and forwarded as in ―K‖ above. If the grievant is not satisfied with the disposition of the grievance at this level, or if no disposition has been made within seven (7) working days of such meeting, the grievance may be submitted within seven (7) working days by the grievant to the Chief Human Resource Officer; and further, a grievant who is not assigned to an individual school may continue directly to LEVEL THREE. If the grievant does not file a Level II or Level III Grievance within the timelines prescribed herein, the right to proceed with the grievance is waived and may not be filed a second time by the same party.
Level Two
Within seven (7) working days of the receipt of the grievance appeal, the Chief Human Resource Officer shall review the appeal and shall render a decision, based on all the material presented, within seven (7) working days of said review. A copy of this decision shall be supplied to the grievant. If the grievant is not satisfied with the decision at LEVEL TWO, or if no decision has been made within seven (7) working days of such review, he/she may, within seven (7) working days, submit the grievance to the Superintendent. If the grievant does not file a Level III Grievance within the timelines prescribed herein, the right to proceed with the grievance is waived and may not be filed a second time by the same party.
Level Three
Within seven (7) working days of the receipt of appeal, the Superintendent or his/her designee shall hear the appeal. The grievant may or may not attend the hearing at his option; and within seven (7) working days of said date, the Superintendent or his/her designee shall render his/her written decision based on the material presented, and such decision shall be provided as in ―K‖ above. If the grievant is not satisfied with the decision at LEVEL THREE, or if no decision has been provided within seven (7) working days, the grievant may move the grievance to arbitration within fourteen (14) working days.
Arbitration
The Association must submit written notice for arbitration of an unresolved grievance within fourteen (14) working days. The Association and the employer shall jointly request the Federal Mediation and Conciliation Service (FMCS) to furnish a list of seven (7) arbitrators from which the arbitrator shall be 10 selected. Such selection shall be accomplished within ten (10) working days; the Association and the School District each striking one (1) name from the list in turn until only one (1) name remains. The Association shall strike first. The arbitrator‘s decision shall be submitted in writing to all parties and shall be final and binding on all parties to this agreement, providing that the arbitrator shall not add to nor subtract from, modify, or otherwise alter the terms of this Agreement. The expenses of arbitration, including the arbitrator‘s fee/costs and expenses, and the cost of the arbitrator‘s transcript shall be borne equally by the employer and the Association. However, all other expenses incurred by either party in its preparation shall be borne by the party incurring same.
