ARTICLE 3 - GRIEVANCES
  1. A grievance shall be defined and subject to limitations as follows:
    1. A grievance is an appeal by any member or members of the bargaining unit represented by the Association, or by the Association itself, based upon the intrepretation, application, or violation of agreements, policies,or administration decisions affecting terms and conditions of employment.
    2. The grievance procedure shall not be applicable to claims:
      1. by nontenured teachers by reason of their not being reemployed;
      2. by certified personnel occasioned by lack of appointment to, or retention in, any position for which tenure is either not possible or not required;
      3. wherein a method of review is prescribed by law or by rule or regulation of the State Commissioner or State Board of Education.
    3. A grievance, to be considered under this procedure, must be initiated, in writing, within twenty (20) school days from the time when the grievant would reasonably be expected to know of its occurrence.
  2. The following procedures shall govern the processing of all grievances.
    1. It is understood that while participating in these procedures the grievant shall continue to observe all assignments and applicable rules and regulations of the Board.
    2. A grievance may be presented by a grievant or by a representative designated by the grievant. The Association may be represented at any level of the procedure in order to make known its position and the manner in which it believes the grievance should be resolved. The Board may designate a representative to participate at any level of the procedure. A minority organization shall neither present nor process grievances.
    3. Failure at any level of this procedure to communicate a written decision within the specified time limits permits the grievant to proceed to the next level. Failure at any level of the procedure to appeal to the next level within the specified time limits or failure to appear at any scheduled hearing without reasonable cause, explained in writing within two (2) days of the scheduled hearing, shall constitute acceptance of the decision rendered at the previous level, Time limits may, however, be extended by mutual agreement.
    4. The order of appeals in processing a grievance is:
      • First Level - The Principal
      • Second Level - The Superintendent
      • Third Level - The Board
      • Fourth Level - Arbitration
      except that for psychologists and social workers the order is:
      • First Level - Director of Special Services
      • Second Level - The Superintendent
      • Third Level - The Board
      • Fourth Level - Arbitration
    5. All grievances shall be initiated at the first level by submitting a written grievance statement to the appropriate administrator. The grievance statement shall include: the name or names of the grievant(s); the nature of the grievance; the date of its occurrence; the sections or articles of the agreements or board policies, if any, claimed to have been violated; the manner in which these sections or articles were violated; the nature of the personal loss; and the remedy sought. It is understood that at any level of this procedure the grievance statement may be amended with regard to the citation of articles or sections of agreement or policies. Such amendment statement shall require the Association to return the grievance to its initial level in order to permit consideration of the revision at each step of the procedure.
    6. The administrator at the first level of appeal shall, upon receiving the grievance statement, advise the Association and the Superintendent of the grievance and its nature. He or she shall then hold a hearing at a time mutually agreed upon and shall communicate the administrator's decision, in writing, to the grievnt and to the Association within five (5) school days of having received the written statement.
    7. If the grievant decides to proceed to the second level of appeal, viz., the Superintendent, this must be done within five (5) school days of receiving the written decision from the first level administrator. The grievant may request review by the Superintendent by submitting to him or her the grievance statement submitted at the prior level and setting forth the reasons for dissatisfaction with the decision previously rendered. The Superintendent may hold a hearing at a time mutually agreed upon and shall communicate a written decision to the grievant and to the Association within eight (8) school days of the Superintendent's having received the request for review.
    8. If the grivant decides to proceed to the third level of appeal, viz., the Board, this must be done within five (5) school days of receiving the written decision from the Superintendent. A request for review by the Board, setting forth the reasons for dissatisfaction with the Superintendent's decision, shall be submitted to the Board, in writing, through the Superintendent. The Superintendent shall attach all papers and related materials and forward the request to the Board. The Board shall hold a hearing at a time mutually agreed upon within twenty (20) school dyas of the Superintendent's receipt of request for review by the Board. The Board shall then communicate its decision, in writing, to the grievant and the Association within ten (10) school days after the hearing by the Board.
    9. If the grievant decides to proceed to the fourth level of appeal, viz., arbitration, it must be done within five (5) school days of receiving the written decision from the Board. The grievant shall notify the Board, in writing, through the Superintendent, of the grievant's decision to submit the grievance to arbitration and shall request the Public Employment Relations Commission to submit a roster of persons qualified to function as arbitrators and willing to conduct hearings outside of school hours. Arbitration shall be conducted pursuant to applicable laws and statutes and the rules and regulations of the American Arbitration Association.
    10. If the grievant and the Board are unable to determine a mutually satisfactory arbitrator from the submitted list within three (3) school days of receiving it, an arbitrator who is willing to conduct hearings outside of school hours shall be appointed by the Public Employment Relations Commission.
    11. The arbitrator shall be limited to the evidence and arguments presented by the grievant, the grievant's representatives, the Association, the Association's representatives, the Board, the Board's representatives and shall consider nothing else. The arbitrator shall neither add anything to, nor subtract anything from this agreement or any policy of the Board.
    12. The findings and recommendations of the arbitrator shall be recommendatory or advisory only, except that they shall be final and binding on both parties when contract itens are in issue.
    13. Only the Board, its representatives, the Association, its representatives, the grivant and the grievant's representatives shall be given copies of the arbitrator's report of findings and recommendations, and it shall be given to each of these. This report shall be submitted by the arbitrator within fifteen (15) calendar days of the completion of the hearings on the matter. This report shall be kept confidential and shall not be disclosed or released, directly or indirectly, in whole or in part, by the Board, the Association, the grievant, or by any of their representatives for a period of fifteen (15) calendar days after issuance of the report by the arbitrator.
    14. The grievant and the Board, or their representatives, shall, within fifteen (15) calendar days, notify one another of their acceptance or rejection, in whole or in part, of the arbitrator's findings and recommendations.
    15. The fees and expenses of the arbitrator shall be shared equally: one-half (1/2) being paid by the Board and one-half (1/2) being paid by the grievant. Each party shall pay the total of the other costs it has incurred.


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