Group Grievances No more than five (5) grievants will be permitted to attend grievance meetings.
COMPLAINTS AND GRIEVANCES 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten
Grievances SECTION 1 For the purposes of this Agreement, a grievance shall be defined as: Any complaint by a teacher covered by this Agreement that: (1) the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or (2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice. SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure. SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present. SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance. SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure. SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days of the Level Two meeting. SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance. SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties. SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable. SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.