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ARTICLE IV: GRIEVANCE
4.1 Definition
4.1.1
The grievance shall mean a written complaint by a
member of the bargaining unit or the Association
that there has been a violation, misinterpretation,
or misapplication of any provision(s) of this
agreement. The provision(s) grieved shall be so
designated.
4.1.2 Time Limits
All time limits consist of school days except when a
grievance is submitted fewer than ten (10) days
before the close of the current school term. Then
time limits shall consist of all week days.
Timelines may be extended by mutual consent. Upon
the absence of a supervisor, a response may be made
by a designee.
4.2 Procedures
The parties acknowledge that a bargaining unit member
and the employer may resolve problems through free and
informal communications. However, a grievance shall be
processed as follows:
4.2.1 Step I
The grievant may present the grievance in writing to
the immediately involved supervisor, who will
arrange for a meeting to take place within ten (10)
days after receipt of the grievance. The
Association's representative, the grievant, and the
immediately involved supervisor shall be present for
the meeting. Within five (5) days of the meeting,
the grievant and the Association shall be provided
with the supervisor's written response, including
the reasons for the decision.
4.2.2 Step II
If the grievance is not resolved at Step I, then the
Association may refer the grievance to the
superintendent or the superintendent's official
designee within fifteen (15) days after receipt of
the Step I answer. The superintendent shall arrange
with the Association representative for a meeting to
take place within fifteen (15) days of the
superintendent's receipt of the appeal. Within ten
(10) days of the meeting, the Association shall be
provided with the superintendent's written response,
including the reasons for the decision.
4.2.3 Step III
If the Association is not satisfied with the
disposition of the grievance at Step II, the
Association may submit the grievance to final and
binding arbitration. If a demand for arbitration is
not filed with the employer within thirty (30) days
of the date of the Step II answer, then the
grievance shall be deemed withdrawn.
If within fifteen (15) days of the filing of the
demand with the employer the parties cannot agree on
an arbitrator, the demand shall be submitted to the
American Arbitration Association which shall act as
the administrator of the proceedings.
Arbitration proceedings shall be conducted by an
arbitrator to be selected by the two (2) parties
from a roster of arbitrators provided by the
American Arbitration Association. Within seven (7)
days after the Association requests binding
arbitration, the two parties will request the
American Arbitration Association to provide a panel
of seven (7) arbitrators. The Association shall
strike the first name and then each of the two
parties will alternately strike one name at a time
from the panel until only one name shall remain. The
remaining name shall be the arbitrator. Expenses for
the arbitrator's services shall be borne equally by
the school district and the Association.
The decision of the arbitrator shall be final and
binding on the parties. The arbitrator, in the
opinion given, shall not amend, modify, nullify,
ignore, or add to the provisions of the agreement.
4.3 Time Limits
A grievance must be filed within ninety (90) days of the
occurrence of the event which gave rise to the
grievance. The number of days indicated at each step in
the procedure shall be considered as the maximum
allowable to the parties and every effort shall be made
to resolve the grievance as rapidly as possible.
4.4 Representation
The grievant and the Association have the right to
representation in the grievance procedure. The grievant
shall be present at all grievance discussions unless the
Board, Association, and the grievant mutually agree that
the grievant's presence is not desirable or necessary.
When the presence of the grievant at a grievance hearing
is required by either party, illness or incapacity of
the grievant shall be grounds for any necessary
extension of grievance procedure time limits.
4.5 Constraints
Any investigation, or other handling or processing of
any grievance by the grievant or the Association shall,
if possible, be conducted during non-teaching time.
4.6 By-Pass
By mutual agreement, any step of the grievance procedure
may be by-passed. 4.7 Class
Grievance
Class grievances involving more than one bargaining unit
member or more than one supervisor and grievances
involving an administrator above the building level may
be initially filed by the Association at Step II.
4.8 No Reprisals Clause
No reprisals shall be taken by the employer against any
bargaining unit member because of the bargaining unit
member's participation in a grievance.
4.9 Grievance Withdrawal
A grievance may be withdrawn at any level without
establishing precedent.
4.10 Costs
The fees and the expenses of the arbitrator shall be
shared equally by the parties.
4.11 Court Reporter
If only one party requests the presence of a court
reporter, that party shall bear the cost of the
reporter. If the arbitrator requests the presence of a
court reporter, both parties shall share the cost of the
court reporter.
4.12 Postponement
If only one party requests the postponement of an
arbitration hearing, that party shall bear any per diem
fee assessed by the arbitrator.
4.13 Settlement
By mutual agreement, a grievance may be settled at any
step without establishing precedent.
4.14 Released Time
During any arbitration hearing, the individual grievant
shall be released from regular assignment without loss
of pay, and Association representative(s), not to exceed
two, may appear at the arbitration hearing, providing
the Association shall reimburse the district the cost of
the substitute. Other staff members may volunteer to
cover the classes of the Association representative, and
this, if allowed, will result in no reimbursement.
4.15 No Written Response
If no written response has been rendered within the time
limits indicated by a step, then a grievance shall pass
to the next step. 4.16 Records
All records related to a grievance shall be filed
separately from the personnel files of the bargaining
unit members. This does not preclude, however, the right
of the Board to utilize said records in any future
discipline or discharge proceedings against any
bargaining unit member. 4.17 AAA
Rules
At the request of both parties, the Expedited
Arbitration Rules of the American Arbitration
Association shall be used instead of the Voluntary Labor
Arbitration Rules.
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