GRIEVANCE (continued). 3. As to any matter not subject to binding arbitration, the Parties reserve their rights to pursue other available legal remedies.
GRIEVANCE (continued). No reprisals of any kind shall be taken by the Superintendent or by any member or representative of the District against a grievant or person who assisted the grievant by reason of a person being a grievant or person who assisted the grievant.
GRIEVANCE (continued). 6. The fees and expenses of the arbitrator shall be shared equally by the BOARD and the ASSOCIATION. All other fees and expenses, including administrative fees, shall be assessed according to the voluntary labor arbitration rules of the American Arbitration Association.
7. It is understood that arbitration is an appellate proceeding and, therefore, neither the ASSOCIATION nor the BOARD shall be permitted to assert in such arbitration hearing any ground or proposed remedy which was not previously disclosed to the other party at hearings under this provision. However, if either party wishes to assert any new ground or remedy, then the grievance shall be immediately referred back to Step One of this procedure.
8. It shall be the function of the arbitrator and he/she shall be empowered, except as his/her powers are limited below, after due investigation to make a decision in cases of alleged violations, misinterpretations, or misapplications of any of the terms of the agreement.
a. He/she shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this agreement. His/her powers shall be limited to deciding whether the BOARD has violated, misinterpreted, or misapplied any of the terms of this agreement. It is understood that any matter not specifically set forth in this agreement shall not be subject to arbitration.
b. He/she shall have no power to decide any question which, under this agreement, is within the authority of the BOARD to decide.
9. If the BOARD disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall first determine whether he/she has jurisdiction to act, and, if he/she finds he/she has no such power, the grievance shall be referred back to the parties without decision or recommendation on its merits.
10. The BOARD shall not be required to pay back compensation for more than fifteen (15) days prior to the date the grievance was filed.
a. No decision in any one (1) case shall require a retroactive adjustment in compensation in any other case.
GRIEVANCE (continued). Step 1: The Union shall first present the grievance in writing to the Chief who shall review the grievance and render a written decision within ten (10) calendar days of receipt of the written grievance. The written grievance shall state: (i) the facts upon which the Union is basing the grievance and the nature of the alleged violation of the Agreement (refer to Article 12, Section 1); (ii) the Section(s) of the Agreement alleged to have been violated; (iii) the remedy sought by the Union; and (iv) any other relevant information.
Step 2: If the grievance is not resolved at Step 1, the Union and/or grievant shall submit the grievance to the Board of Commissioners within ten (10) calendar days of receipt of the Fire Chief’s decision. The Board of Commissioners shall have discretion to determine what testimony or additional evidence, if any, beyond the written grievance and the Chief’s decision is necessary to resolve the grievance, and to schedule presentation of such testimony or additional evidence. The Board of Commissioners shall submit its written decision to the Union within thirty (30) calendar days from receipt of the grievance or within thirty (30) calendar days of the Union’s presentation of the grievance to the Board of Commissioners (if requested by the Board), whichever is later.
Step 3: The Union may appeal the decision of the Board of Commissioners to a neutral arbitrator. Prior to submitting the dispute to grievance arbitration, with the approval of the Union and Employer, said dispute may be submitted to a PERC Mediator in an attempt to reach a resolution if the parties mutually agree to engage in mediation. The Union shall give written notice to the Employer of its intent to submit a grievance to arbitration within thirty (30) calendar days of the Board of Commissioners’ decision. Within ten (10) calendar days of the Union’s request to arbitrate, a representative of the Union and of the Employer shall meet and attempt to agree on a neutral arbitrator. If unable to reach agreement, they may request a list of nine (9) arbitrators from the Public Employment Relations Commission (PERC) who are non-PERC employees. Upon receipt of the list, the two representatives shall meet within fifteen (15) calendar days to alternately strike names until one name remains. The parties shall flip a coin to determine who makes the first strike. The last name remaining on the list shall serve as the sole arbitrator.
Step 4: The arbitrator shall render a decision ...
GRIEVANCE (continued). B. Each grievance or appeal shall, on forms printed by the BOARD and available through the ASSOCIATION, set forth specifically or by reference to the original grievance, who the grievant is, what provision of this agreement or policy, rule, regulation, or practice is alleged to have been violated, misinterpreted, or misapplied, by appropriate reference when it happened, where it happened, the allegation of the grievant himself/herself, and the relief requested.
C. At any conference under this grievance procedure, the administrator, ASSOCIATION, and BOARD may have present any and all witnesses they desire. If any party is to be represented by legal counsel, notice shall be given to the other parties at least twenty-four (24) hours in advance of the conference.
D. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance, while failure to communicate a decision on a grievance within the specified time limits shall entitle the aggrieved party to proceed to the next step. However, the time limits specified in this procedure may be extended by mutual agreement expressed by the parties in writing.
E. A grievance shall always be filed at that step of the grievance procedure where there is authority to render a decision on the grievance.
F. Any conference which may be held under the grievance procedure shall be conducted before or after working hours, except where mutually agreed to the contrary and at a reasonable place. In the event that a conference or hearing under the grievance procedure is held during school hours, each administrator who is a party or witness shall be excused from his/her regular duties, with pay, to attend such conference or hearing.
G. Each conference conducted under the grievance procedure shall be conducted as a private conference, and attendance at such a conference shall be restricted to those persons requested by either party to participate in the attempted resolution of the grievance.
H. No grievance or decision rendered on a grievance shall be placed in an administrator's personnel file, nor shall it become a part of the minutes of any Board of Education meeting, except as required and/or provided by law.
I. The president of the ASSOCIATION, or his/her representative, shall be released from his/her regular duties without loss of compensation to attend grievance conferences or hearings held during working hours.
GRIEVANCE (continued). SECTION 5. Each party shall pay the expenses of their own representatives, witnesses, and other costs associated with the presentation of their case and one-half (1/2) the expenses of the arbitrator. If either party requests a stenographic record of the arbitration, the cost of said record and the stenographer’s time will be borne by the requesting party.
GRIEVANCE (continued) fifteen (15) calendar days to alternately strike names until one name remains. This person shall serve as the sole arbitrator.
Step 4: The arbitrator shall render a decision within thirty (30) days of hearing, which decision shall be final and binding on both parties. The arbitrator shall have no power to alter, amend or change the terms of this Agreement.
SECTION 4. Time limits within a grievance procedure may be waived or extended by mutual agreement of both parties. Failure of either party to respond within the established time limits will result in the grievance being resolved to the other party’s position.
SECTION 5. Each party shall pay the expenses of their own representatives, witnesses, and other costs associated with the presentation of their case and one-half (1/2) the expenses of the arbitrator.
GRIEVANCE (continued) known of the occurrence. The formal document shall be a clear, concise statement of the grievance citing specific sections of the Agreement allegedly violated, misinterpreted or misapplied, the circumstances involved, and the specific remedy sought.
GRIEVANCE (continued). J. Any individual administrator may present grievances to the Superintendent or his/her designee and have the grievances adjusted without intervention of the bargaining representative, provided that the grievant has been given an opportunity to have a bargaining representative present at such adjustment. But should the adjustment be inconsistent with the terms of this collective bargaining agreement or any policy, rule, regulation or practice relating to any matter upon which the BOARD is obligated to bargain, the ASSOCIATION may, in its own name, appeal that decision at the step of the grievance procedure immediately following the step where the grievance was temporarily resolved.
K. Once a grievance has been filed, no administrator outside of the unit nor member of the Board of Education shall, upon his/her own initiative, attempt to discuss that grievance with the administrator(s) involved at a time other than during conferences or hearings provided for in the grievance procedure.
GRIEVANCE (continued). Employer shall meet and attempt to agree on a neutral arbitrator. If unable to reach agreement, they may request an arbitrator from the Public Employment Relations Commission or a list of nine (9) arbitrators from the American Arbitration Association. Upon receipt of the list, the two representatives shall meet within fifteen (15) calendar days to alternately strike names until one name remains. This person shall serve as the sole arbitrator.
Step 4: The arbitrator shall render a decision within thirty (30) days of hearing, which decision shall be final and binding on both parties. The arbitrator shall have no power to alter, amend or change the terms of this Agreement.
SECTION 4. Time limits within a grievance procedure may be waived or extended by mutual agreement of both parties. Failure of either party to respond within the established time limits will result in the grievance being resolved to the other party’s position.
SECTION 5. Each party shall pay the expenses of their own representatives, witnesses, and other costs associated with the presentation of their case and one-half (1/2) the expenses of the arbitrator.
