|
Personnel |
4135.4-AR |
GRIEVANCE PROCEDURE
A.
Purpose and Scope
It is the
board's desire that grievance procedures provide for prompt and equitable
resolution of differences at the lowest possible administrative level. Each
employer should be assured the opportunity to make known his/her grievance as
it relates to any violation of rules, procedures, regulations, or statutes.
B.
General
A grievance
is any alleged violation of official district policies and procedures or the
Master Certificated Employment Agreement between the recognized teachers'
bargaining unit and the
C.
Forms Used and Additional References
Master
Certificated Employment Agreement or Board Policies and Procedures
D.
Procedure
1.
Informal Level
a.
Before
filing a written grievance, the grievant and immediate supervisor shall attempt
to resolve any alleged violation by informal conference.
b.
If
resolution is not reached with the immediate supervisor, the grievant with
representation shall meet with the superintendent or his designee to try to
resolve the alleged violation.
2.
Formal Level
a.
Level I
1)
Any
grievance must be presented to the grievant's
immediate supervisor within five (5) days from the date of the last informal
conference.
2)
This
statement shall be a clear, concise statement of the grievance, the facts on
which it is based, the date of the grievance, the specific section(s) of the
agreement allegedly violated, and the specific remedy requested. A copy of this
grievance shall be sent to the immediate supervisor and the association
president.
3)
The
immediate supervisor shall communicate a decision to the unit member in writing
within five (5) days after receiving the grievance. If the immediate supervisor
does not respond within the time limit, the grievant may appeal to the next
level.
4)
Within
the above time limit, the grievant or the immediate supervisor may request a
personal conference with the other party.
b.
Level II
1)
In
the event the grievant is not satisfied with the decision at Level I, the
grievant may appeal the decision to the superintendent or his designee within
five (5) days.
2)
This
statement should include a copy of the original grievance, the result of
attempts to resolve the grievance at Level I, and a clear, concise statement of
all of the reasons for the appeal. A copy of this grievance shall be sent to
the immediate supervisor and the association president.
3)
The
superintendent shall communicate a decision within five (5) days after receiving
the appeal. Either the grievant or the superintendent may request a personal
conference within the time limits. If the superintendent does not respond
within the time limit, the grievant may appeal to the next level.
c.
Level III
1)
In
the event the grievant is not satisfied with the decision at Level II, the
grievant may within five (5) days submit a request in writing to the
association for advisory arbitration of the dispute. The association may then,
by written notice within five (5) days, submit a grievance for arbitration. A
copy of this notice shall be sent to the superintendent.
2)
The
grievant and the district shall attempt to agree upon an advisory arbitrator.
If no agreement can be reached, they shall request the State Conciliation
Service to supply a panel of five (5) names of persons experienced in hearing
grievances in public schools. Each party shall delete a name until only one
name remains. The remaining panel member shall be the advisory arbitrator. The
order of the deletion shall be determined by lot.
3)
The
arbitrator may hear and determine only one grievance at a time unless the
district and the association expressly agree otherwise. However, both parties
will in good faith endeavor to handle in an expeditious and convenient manner
those cases which involve identical facts and issues.
4)
The
arbitrator shall, as soon as possible, rule on arbitrability
and, if necessary, hear evidence and render a decision on the issue or issues
submitted to the arbitrator. If the district and grievant cannot agree upon a
submission agreement, the arbitrator shall refer to the written grievance and
the answers thereto at each step.
5)
The
fees and expenses of the arbitrator and the hearing shall be borne equally by
the district and the grievant or association. Before the grievance goes to
arbitration, the decision will be made as to whether the association or
grievant will pay one-half of the fees and expenses for arbitration. All other
expenses shall be borne by the party incurring them.
6)
The
arbitrator shall have no power to add to, subtract from, or modify the terms of
this agreement.
7)
After
a hearing and after both district and grievant have had an opportunity to make
written arguments, the arbitrator shall submit in writing to all parties the
findings and recommendations which shall be advisory to the parties.
8)
The
decision of the arbitrator shall be in the form of a recommendation to the
parties. If neither the district nor the association files a request to the
Board of Education to undertake review of the arbitrator's decision within ten
(10) days of its issuance, then the decision of the arbitrator shall be deemed
adopted by the board and becomes final and binding on all parties. If a timely
request for review is filed with the board, it shall then undertake review of
the entire hearing records and briefs. The board may also, if it deems it
appropriate, permit oral arguments by representatives of the parties.
9)
Within
thirty (30) days after receiving the request for review, the board shall render
a decision on the matter which shall be final and binding on all parties. If
the board does not render a decision within the time specified, then it shall
be deemed to have adopted the decision recommended by the arbitrator.
3.
General
Provisions
a.
No
reprisals will be taken by any party involved in the grievance procedure by
reason of such participation.
b.
Grievance
records will be kept in a separate grievance file in the office of personnel
services.
c.
Release
time when necessary will be provided by the district for the grievant and/or
representatives to participate in the grievance procedure.
d.
The
grievant is entitled to association representation at each step of the
grievance procedure.
e.
In
the event a grievance is filed at such a time that it cannot be processed
through all the steps in this article by the end of the school year, and if
leaving it unresolved until the beginning of the following school year could
result in harm to the grievant, the time limits will be reduced in an attempt
to resolve the grievance before the end of the school year.
E.
Approved by:
|
Fred
A. Kennedy |
|
John
O. Tynes |
|
|
Responsible
Division Head |
Date |
Superintendent |
Date |