Common use of PROFESSIONAL GRIEVANCE PROCEDURE Clause in Contracts

PROFESSIONAL GRIEVANCE PROCEDURE. 10.1 A grievance shall be defined as an alleged violation of the expressed terms and conditions of this Agreement. The Association and the grievant agree not to process a grievance in which the same issue has been or is being processed in any other forum such as MERC or court. 10.2 Grievances shall be presented and adjusted in accordance with the following procedures: Informal Step A. The complaint must first be discussed with the principal by the teacher individually, and/or the Association representative, if requested, with the objective of resolving the matter informally. It is understood that either party may terminate the informal step. Level I - (Principal or Immediate Supervisor) A. In the event the complaint is not resolved informally, the complaint, stated in writing, may be submitted as a grievance to the principal of the school in which the grievance arises. Such grievance must be submitted within fifteen (15) school days of the event complained of or from the date the Grievant had actual knowledge of such occurrence. This time period shall be extended by the period of time spent in informal discussion. B. Within five (5) school days of the date of receipt of the grievance, the principal shall hold a grievance conference of the matter. The principal, the Grievant and/or an Association representative, if requested, shall be present at the grievance conference. The conference shall provide opportunity for the Grievant to present written or verbal positions on the issue and to present any supporting data or documents. There may be a written record of the conference and it may be submitted as part of the written response that is required in the following section. C. Within five (5) school days of the date of the grievance conference, the principal shall provide the Grievant (1 copy) and the Association (2 copies) of the written response. The response shall include a summary of the conference along with the decision and supporting reasons of the principal. Level 2 - (Superintendent or Designee) A. Within ten (10) school days of the date of receipt of the written response of the principal, the Association may appeal the decision of the principal. Such appeal shall be made to the Superintendent or to any designee of the Superintendent, upon whom he has conferred authority to act in his/her behalf. The appeal shall be in writing and shall be accompanied by a copy of the decision of the principal. B. Within ten (10) school days of the date of receipt of the appeal, the Superintendent or his designee shall hold a grievance conference on the matter. The conference shall include the Superintendent or his/her designee, the Grievant and/or the Association representatives, if requested, and any appropriate witnesses. The conference shall provide opportunity for the presentation of written or verbal positions on the issue as well as the presentation of witnesses or any supporting data or documentation. There may be a written record of the conference and it may be submitted as part of the written response of the Superintendent or his/her designee, along with the decision. At least one (1) school day prior to the date of the conference, the Grievant and/or the Association shall submit to the Superintendent or his/her designee, a written statement including reasons for dissatisfaction with the decision made at Level 1. Within ten (10) school days of the date of the grievance conference, the Superintendent or his/her designee, shall provide the Grievant (1 copy) and the Association (2 copies) of the written response. The response shall include a summary of the conference along with the decision and supporting reasons of the Superintendent or his/her designee. Xxxxx 0 - (Arbitration) A. If the Association is dissatisfied with the Superintendent, the Association may, within thirty (30) school days, submit any grievance under this Agreement to binding arbitration under the labor arbitration rules of the American Arbitration Association. If the Association fails to file for binding arbitration within thirty (30) school days, then the grievance will be final based on the Superintendent's response. B. The costs of the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the Board and the Association. C. The arbitrator so selected, will confer with representatives of the Board and the Association committee, and hold hearings promptly and will issue his/her decision not later than twenty (20) school days from the date of the close of the hearing, or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to him. The Arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The Arbitrator will be without power or authority to make any decision which requires the commission of any act prohibited by law, or which is violative of the terms of this Agreement. Both parties agree to be bound by the award of the Arbitrator. Either party may appeal this decision to a competent court of jurisdiction. The Board and the Association shall not be permitted to assert in such arbitration proceedings any grounds or to rely on any evidence not previously disclosed. 10.3 A. In all steps of the grievance procedure, except in the arbitration step, when it becomes necessary for individuals to be involved during school hours, they shall be excused with pay for that purpose.

PROFESSIONAL GRIEVANCE PROCEDURE. 10.1 A. A claim by any teacher, group of teachers or the Association, believing that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or of any existing rule, order, policy or regulation of the Board, or any specific directive or guideline from any Eau Claire administrator as to wages, hours or terms or conditions of employment, may be processed at the discretion of said teacher, group of teachers or the Association through the steps of the Grievance Procedure hereinafter set forth. B. A claim by any teacher, group of teachers or the Association believing that there has been a violation, misinterpretation or misapplication of any provision of law— State or Federal—including but not limited to the Michigan School Code, the Michigan Public Employees Relations Act and the Federal Equal Employment Opportunity Act; or of any other provision of law, including court decisions and/or arbitration rulings, may be processed at the discretion of said teacher, group of teachers or the Association through Step 4 of the grievance procedure. Step 1. In the event a teacher believes there is a basis for a grievance, he/she shall first discuss the alleged grievance with his/her building principal within two (2) working days after the occurrence of the event upon which it is based. The teacher shall be defined as entitled to have an alleged violation Association representative present during such discussion. In the event the teacher chooses to have an Association representative present, the principal shall be entitled to have present a member of the expressed terms and conditions administrative staff. Step 2. If, as a result of this Agreement. The Association and the grievant agree not to process informal discussion with the building principal, a grievance in still exists, the grievance must be reduced to writing—stating the facts upon which it is based and when they occurred, specifying the same issue section of the Agreement which allegedly has been or is being processed in any other forum such as MERC or court. 10.2 Grievances shall be presented and adjusted in accordance with the following procedures: Informal Step A. The complaint must first be discussed with the principal violated, signed by the aggrieved teacher individually, and/or or teachers or by the Association representative, if requested, and presented to the building principal concerned with the objective of resolving problem within three (3) working days after the matter informallyoral conference referred to above. It is understood that either party may terminate The building principal shall give the informal step. Level I - (Principal or Immediate Supervisor) A. In the event the complaint is not resolved informally, the complaint, stated in writing, may be submitted as aggrieved teacher a grievance to the principal of the school in which the grievance arises. Such grievance must be submitted written answer within fifteen (15) school days of the event complained of or from the date the Grievant had actual knowledge of such occurrence. This time period shall be extended by the period of time spent in informal discussion. B. Within five (5) school working days of the date of receipt of the grievance, the principal shall hold a grievance conference of the matter. The principal, the Grievant and/or an Association representative, if requested, shall be present at the grievance conference. The conference shall provide opportunity for the Grievant to present written or verbal positions on the issue and to present any supporting data or documents. There may be a written record of the conference and it may be submitted as part of the written response that is required in the following section. C. Within five (5) school days of the date of the grievance conference, the principal shall provide the Grievant (1 copy) and the Association (2 copies) of the written response. The response shall include a summary of the conference along with the decision and supporting reasons of the principal. Level 2 - (Superintendent or Designee) A. Within ten (10) school days of the date of after receipt of the written response grievance, and give a copy thereof to the chairman of the principal, Association’s grievance committee and a copy to the Association may Superintendent of Schools. Step 3. If the aggrieved teacher decides to appeal the decision of the principal, either he/she or the chairperson of the Association’s grievance committee shall notify the Superintendent, in writing, within three (3) working days after receipt of the principal’s answer, of this intent to appeal. Such The Superintendent shall meet with the teacher and the Association representative within five (5) working days after receipt by the Superintendent of the written notice of appeal. The Superintendent shall prepare the written Second Step answer and give one (1) copy thereof to the aggrieved teacher and one (1) copy to the chairperson of the Association’s grievance committee within five (5) working days after such meeting. Step 4. In the event the grievance is not resolved by the Third Step, the matter may be appealed to the Board provided a written notice of such appeal shall be made by the aggrieved teacher or Association’s Representative is presented to the Superintendent or to any designee of the Superintendent, upon whom he has conferred authority to act in his/her behalf. The appeal shall be in writing and shall be accompanied by a copy of the decision of the principal. B. Within within ten (10) school working days of the date of after receipt of the appealThird Step answer. If such appeal is taken, the Superintendent or his designee Board of Education shall hold a grievance conference on the matter. The conference shall include the Superintendent or his/her designee, the Grievant and/or the Association representatives, if requested, and any appropriate witnesses. The conference shall provide opportunity for the presentation of written or verbal positions on the issue as well as the presentation of witnesses or any supporting data or documentation. There may be a written record of the conference and it may be submitted as part of the written response of the Superintendent or his/her designee, along meet with the decision. At least one (1) school day prior Teacher and Association’s Representative to attempt to resolve the date of the conference, the Grievant and/or the Association shall submit to the Superintendent or his/her designee, a written statement including reasons for dissatisfaction with the decision made at Level 1. Within grievance within ten (10) school working days after receipt of the date notice of appeal to this Step or next regularly scheduled Board Meeting, whichever occurs later. A copy of the Board’s disposition of the grievance conference, the Superintendent or his/her designee, shall provide the Grievant (1 copy) and be given to the Association and to the teacher involved within five (2 copies5) of the written responseworking days after such meeting. Step 5. The response shall include a summary of the conference along with the decision and supporting reasons of the Superintendent or his/her designee. Xxxxx 0 - (Arbitration) A. If the Association any grievance is dissatisfied with the Superintendentnot settled under Step 4 hereof, the Association may, may within thirty (30) school daysdays after receiving the fourth step answer or following the deadline for the answer if no answer has been issued by the Board of Education within the specified time period, notify the other party and the Federal Mediation and Conciliation Service Office of Arbitration Services (“FMCS-OAS”) of its desire to submit any the grievance under this Agreement to binding arbitration under the labor arbitration rules and obtain a panel of the American Arbitration Associationseven (7) arbitrators. If the Association fails grievance has not been submitted to file for binding arbitration within thirty (30) school calendar days, then it shall be considered withdrawn. Either party shall have the option of requesting a second and final panel of arbitrators from FMCS-OAS. The FMCS-OAS panels shall consist of arbitrators from the Mid-West. The arbitrator shall be selected from said panel or panels by an alternate striking of names. The parties will alternate from one grievance will to the next on the choice of striking a name first or second, with the Board having the choice on the first grievance submitted for arbitration. The parties shall thereafter alternate in the striking of the remaining names until a single name remains on the list, and that remaining name shall be designated the arbitrator. The arbitrator shall have no power to add to, subtract from, change or modify any provisions of this Agreement but shall be limited solely to the interpretation and application of the specific provisions contained herein The decision of the arbitrator shall be final based on and binding upon the Superintendent's response. B. The costs parties. Each party shall bear its own expenses in connection with the arbitration, however, the expenses and fees of the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will arbitrator shall be borne equally by both parties. D. The time limits at any Step of the Board and grievance procedure may be extended by mutual agreement. In the event a grievance is not appealed from one Step to the next within the time limits specified, the grievance shall be deemed to have been settled on the basis of the last answer thereto. In the event a grievance is not answered at any Step of the grievance procedure within the specified time limit, the grievance may, at the discretion of the Association, be advanced to the next step. C. The arbitrator so selectedE. If a grievance involves a group or class of teachers under more than one (1) administrator or supervisor, it shall be initiated at the Second Step of the grievance procedure. F. All documents, communications, and records dealing with the processing of a grievance will confer be filed separately from the personnel files of the participants. G. A teacher engaged during the school day in negotiating in behalf of the Association with any representatives of the Board and or participating in any professional grievance negotiation including arbitration shall be released from regular duties without loss of salary. Such release from regular duties shall apply to such negotiations scheduled or requested by the Association committee, and hold hearings promptly and will issue his/her decision not later than twenty (20) Board during the school days from day. H. The form for filing a grievance is the date of Grievance Report. Refer to GRIEVANCE REPORT located in the close of the hearing, or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to him. The Arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The Arbitrator will be without power or authority to make any decision which requires the commission of any act prohibited by law, or which is violative of the terms Addenda of this Agreement. Both parties agree to be bound by the award of the Arbitrator. Either party may appeal this decision to a competent court of jurisdiction. The Board and the Association shall not be permitted to assert in such arbitration proceedings any grounds or to rely on any evidence not previously disclosed. 10.3 A. In all steps of the grievance procedure, except in the arbitration step, when it becomes necessary for individuals to be involved during school hours, they shall be excused with pay for that purpose.

PROFESSIONAL GRIEVANCE PROCEDURE. 10.1 A. A claim by a teacher or the Association that there has been a violation, misinterpretation, or misapplication of any provision of this agreement, or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided. B. The following matters shall not be defined as an alleged a basis of any grievance filed under the procedure outline in this Article: 1. The termination of services or failure to re-employ any probationary teacher. 2. The termination of services or failure to re-employ any teacher to a position on the extra-curricular schedule. 3. Any matter involving the content of a teacher’s evaluation. C. The grievance procedure shall not apply to Discharge or Demotion when the Tenure Act prescribes or denies a procedure or authorizes a remedy. D. Should a teacher feel that there is a violation of the expressed terms and conditions of this Agreementagreement, he/she shall follow these steps or procedures: 1. The Association and Grievant shall first informally discuss the grievant agree not to process grievances with his/her immediate supervisor, individually or accompanied by a grievance in which the same issue has been or is being processed in any other forum such as MERC or court. 10.2 Grievances shall be presented and adjusted in accordance with the following procedures: Informal Step A. The complaint must first be discussed with the principal by the teacher individually, and/or representative of the Association representative, if requested, with the objective of resolving the matter informally. It is understood that either party may terminate the informal step. Level I - within ten (Principal or Immediate Supervisor) A. In the event the complaint is not resolved informally, the complaint, stated in writing, may be submitted as a grievance to the principal of the school in which the grievance arises. Such grievance must be submitted within fifteen (1510) school days of the event complained of or from alleged violation. 2. If the date grievance is not settled orally, the Grievant had actual knowledge may invoke the formal grievance procedure in writing, signed by the Grievant and a representative of such occurrencethe Association. This time period A copy of the written grievance shall be extended by delivered to the period of time spent in informal discussion. B. Within Principal or his/her designee, within five (5) school days of the date of receipt of the grievance, the principal shall hold a grievance conference of the matter. The principal, the Grievant and/or an Association representative, if requested, shall be present at the grievance conference. The conference shall provide opportunity for the Grievant to present written or verbal positions on the issue and to present any supporting data or documents. There may be a written record of the conference and it may be submitted as part of the written response that is required in the following sectioninformal discussion. C. 3. Within five (5) school days of the date Principal or his Designee shall meet with the Association grievance committee on the grievance and shall indicate his/her disposition of the grievance conference, the principal shall provide the Grievant in writing within three (1 copy) and the Association (2 copies) of the written response. The response shall include a summary of the conference along with the decision and supporting reasons of the principal. Level 2 - (Superintendent or Designee) A. Within ten (103) school days of such meeting, and shall furnish a copy thereof to the date of receipt Association. 4. If the Grievance Committee is not satisfied with the disposition of the written response of grievance by the principal, the Association may appeal the decision of the principal. Such appeal shall be made to the Superintendent or to any designee of the Superintendent, upon whom he has conferred authority to act in his/her behalf. The appeal shall be in writing and shall be accompanied by a copy of the decision of the principal. B. Within ten (10) school days of the date of receipt of the appeal, the Superintendent or his designee shall hold a grievance conference on the matter. The conference shall include the Superintendent Principal or his/her designeeDesignee, the Grievant and/or the Association representatives, if requested, and any appropriate witnesses. The conference shall provide opportunity for the presentation of written or verbal positions on the issue as well as the presentation of witnesses or any supporting data or documentation. There may be a written record of the conference and it may be submitted as part of the written response of the Superintendent or his/her designee, along with the decision. At least one within five (1) school day prior to the date of the conference, the Grievant and/or the Association shall submit to the Superintendent or his/her designee, a written statement including reasons for dissatisfaction with the decision made at Level 1. Within ten (105) school days of the date of they shall submit the grievance conferencein writing to the Superintendent. 5. Within five (5) school days, the Superintendent or his/her designee, Designee shall provide the Grievant (1 copy) and meet with the Association (2 copies) grievance committee on the grievance and shall indicate his/her disposition of the written responsegrievance in writing within three (3) school days of such meeting, and shall furnish a copy thereof to the Association. 6. The response shall include a summary If the Grievance Committee is not satisfied with the disposition of the conference along with the decision and supporting reasons of grievance by the Superintendent or his/her designeeDesignee, within five (5) school days, the grievance shall be transmitted to the Board by filing a written copy thereof with the Secretary or other Designee of the Board. Xxxxx 0 - The Board no later than its next regular meeting or two (Arbitration)2) calendar weeks, whichever shall be later, may hold a hearing on the grievance, review such grievance in executive session, or give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made not later than three (3) school days thereafter. A copy of such disposition shall be furnished to the Association. A. 7. Individual teachers shall not have the right to process a grievance at this level. If the Association is dissatisfied not satisfied with the Superintendentdisposition of the Grievance at level three, the Association it may, within thirty ten (3010) school daysdays after the decision of the Board, submit any grievance under this Agreement refer the matter for arbitration to binding arbitration under the labor arbitration rules of the American Arbitration Association, in writing, and request the appointment of an arbitrator to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitration Association fails in accordance with its rules. Neither party may raise a new defense or ground at this level not previously raised nor disclosed at other written levels. Each party shall submit to file for binding arbitration within thirty the other party not less than three (303) school daysdays prior to the hearing a prehearing statement alleging facts, then grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance. The decision of the arbitrator shall be final and conclusive and binding upon employees, the Board and the Association: subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect. Powers of the arbitrator are subject to the following limitations. a. He/she shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this agreement. b. He/she shall have no power to establish salary scales or to change any salary. c. He/she shall have no power to neither change any practice, policy, or rule of the Board nor substitute his/her judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board. d. He/she shall have no power to decide any question which under this agreement is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this agreement. e. He/she shall have no power to interpret state or federal law. f. He/she shall not hear any grievance previously barred from the scope of the grievance will procedure. After a case on which the arbitrator is powered to rule hereunder has been referred to him/her, it may not be final based withdrawn by either party except by mutual consent. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have no jurisdiction to act until the matter has been determined by a court of competent jurisdiction. In the event that a case is appealed to the arbitrator on which he/she has no power to rule, it shall be referred back to the Superintendent's response. B. parties without decision or recommendation on its merits. More than one grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature. The costs cost of the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will arbitrator shall be borne equally by the Board and parties except each party shall assume its own cost for representation including any expense of witnesses. Should a teacher fail to institute a grievance within the Association. C. time limits specified, the grievance will not be processed. Should a teacher fail to appeal a decision within the limits specified, or leave the employ of the Board, (except a claim involving a remedy directly benefiting the grievant regardless of his/her employment), all further proceedings on a previously instituted grievance shall be barred. The arbitrator so selectedAssociation shall have no right to initiate a grievance involving the right of a teacher or group of teachers without his/her or their express approval in writing thereon. All preparation, will confer with representatives filing, presentation or consideration of grievances shall be held at times other than when a teacher or a participating association representative are to be at their assigned duty stations. Where no wage loss has been caused by the action of the Board complained of, the Board shall be under no obligation to make monetary adjustments and the Association committeearbitrator shall have no power to order one. Arbitration awards or grievance settlements will not be made retroactive beyond that day of the occurrence or non-occurrence of the event upon which the grievance is based. In no event, and hold hearings promptly and will issue his/her decision not later however, shall the settlement be earlier than twenty thirty (2030) school calendar days from prior to the date of the close of the hearing, or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to him. The Arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The Arbitrator will be without power or authority to make any decision which requires the commission of any act prohibited by law, or which is violative of the terms of this Agreement. Both parties agree to be bound by the award of the Arbitrator. Either party may appeal this decision to a competent court of jurisdiction. The Board and the Association shall not be permitted to assert in such arbitration proceedings any grounds or to rely on any evidence not previously disclosed. 10.3 A. In all steps of the grievance procedure, except in the arbitration step, when it becomes necessary for individuals to be involved during school hours, they shall be excused with pay for that purposeis filed.

PROFESSIONAL GRIEVANCE PROCEDURE. 10.1 A. A grievance shall be defined as an alleged violation claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of the expressed terms and conditions Agreement or any rule, order or regulation of this Agreement. The Association and the grievant agree not to process Board may be processed as a grievance in which the same issue has been or is being processed in any other forum such as MERC or court. 10.2 Grievances shall be presented and adjusted in accordance with the following procedures: Informal Step A. The complaint must first be discussed with the principal by the teacher individually, and/or the Association representative, if requested, with the objective of resolving the matter informallyhereinafter provided. It is understood that either party the creation of any rule, order, or regulation by the Board may terminate the informal step. Level I - (Principal or Immediate Supervisor) A. In the event the complaint is not resolved informally, the complaint, stated in writing, may be submitted processed as a grievance to unless the principal of the school rule, order, or regulation is in which the grievance arises. Such grievance must be submitted within fifteen (15) school days of the event complained of or from the date the Grievant had actual knowledge of such occurrence. This time period shall be extended by the period of time spent in informal discussionconflict with this Master Agreement. B. Within five (5) school days A teacher, group of teachers, or the date of receipt of Association, who believes that a grievance exists shall first discuss the grievancematter informally with the building principal. If the complaint applies to more than one building or if the matter is such that the building principal does not have the power to grant the remedy requested, the principal shall hold a grievance conference of the matter. The principal, the Grievant and/or an Association representative, if requested, discussion shall be present at the grievance conference. The conference shall provide opportunity for the Grievant to present written or verbal positions on the issue and to present any supporting data or documents. There may be a written record of the conference and it may be submitted as part of the written response that is required in the following section. C. Within five (5) school days of the date of the grievance conference, the principal shall provide the Grievant (1 copy) and the Association (2 copies) of the written response. The response shall include a summary of the conference along with the decision and supporting reasons of the principal. Level 2 - (Superintendent or Designee) A. Within ten (10) school days of the date of receipt of the written response of the principal, the Association may appeal the decision of the principal. Such appeal shall be made to the Superintendent or to any designee of the Superintendent, upon whom he has conferred authority to act in his/her behalf. The appeal shall be in writing and shall be accompanied by a copy of the decision of the principal. B. Within ten (10) school days of the date of receipt of the appeal, the Superintendent or his designee shall hold a grievance conference on the matter. The conference shall include the Superintendent or his/her designee, . A written request for such discussion shall be submitted within ten (10) days from the Grievant and/or time of the Association representatives, if requested, and any appropriate witnessesevent. The discussion/informal conference shall provide opportunity for the presentation of written or verbal positions on the issue as well as the presentation of witnesses or any supporting data or documentation. There may be a written record held within ten (10) days of the conference and it may be submitted as part receipt of the written response request for a conference. C. If the grievance is not resolved to the satisfaction of the Superintendent or his/her designee, along with grievant at the decision. At least one (1) school day prior to the date of the informal conference, the Grievant and/or teacher or the Association may reduce the grievance to writing and submit it to the building principal within ten (10) days of the informal conference. If the grievance involves more than one building or if the building principal does not have the authority to resolve it, the grievance shall submit be submitted to the Superintendent or his/her designee. The grievance shall include the following information: 1. An identification of the grievant(s). 2. The facts on which the grievance is based. 3. The portions of the agreement or the policy allegedly violated. 4. The specific relief requested. 5. The date on which the grievance is filed. 6. The signature of the grievant or the appropriate officer of the Association. D. Within five (5) days of receipt of the grievance, a written statement including reasons for dissatisfaction the administrator with whom the grievance is filed or his/her designee shall meet with the decision Association in an effort to resolve the grievance. The administrator shall indicate said disposition of the grievance in writing within five (5) days of such meeting, and shall furnish a copy thereof to the Association. E. If the Association is not satisfied with the disposition of the grievance (if initially filed with a Principal) or if no disposition has been made at Level 1. Within ten within five (105) school days of such meeting (or six [6] days from the date of filing, whichever shall be later), the grievance conference, shall be transmitted to the Superintendent. Within five (5) days the Superintendent or his/her designee, designee shall provide the Grievant (1 copy) and meet with the Association (2 copies) of on the written response. The response grievance and shall include a summary of the conference along with the decision and supporting reasons of the Superintendent or indicate his/her designee. Xxxxx 0 - disposition of the grievance in writing within five (Arbitration)5) days of such meeting, and shall furnish a copy thereof to the Association. A. F. If the Association is dissatisfied not satisfied with the disposition of the grievance by the Superintendent, or if no disposition has been made within the Association mayfive (5) day period above provided, within thirty (30) school days, submit any the grievance under this Agreement may be submitted to binding arbitration under before an impartial arbitrator selected by the labor arbitration parties in accordance with the rules of the American Arbitration Association, which rules shall likewise govern the arbitration proceeding. If the Association fails to file A written Demand for binding arbitration within thirty (30) school days, then the grievance will Arbitration must be final based on filed with both the Superintendent's response. B. The costs of office and with the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the Board and the Association. C. The arbitrator so selected, will confer with representatives of the Board and the American Arbitration Association committee, and hold hearings promptly and will issue his/her decision not later than twenty ten (2010) school days from the date after issuance of the close of the hearing, or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to him. The ArbitratorSuperintendent's decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The Arbitrator will be without power or authority to make any decision which requires the commission of any act prohibited by law, or which is violative of the terms of this Agreement. Both parties agree to be bound by the award of the Arbitrator. Either party may appeal this decision to a competent court of jurisdictiondecision. The Board and the Association shall not be permitted to assert in such arbitration proceedings proceeding any grounds ground or to rely on any evidence not previously discloseddisclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of the Agreement. 10.3 A. In all steps G. The fees and expenses of the arbitrator shall be divided equally between the Board of Education and the Association. H. If any teacher for whom a grievance procedureis sustained shall be found to have been unjustly discharged, except the teacher shall be reinstated with full reimbursement of all professional compensation lost. If said teacher shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him/her. In case of dismissal of probationary teachers, the Association shall have access to advisory arbitration steponly. The parties agree to expedite advisory arbitration so that within thirty (30) days of the Board's recommendation for dismissal or as soon as possible, when it becomes necessary the arbitrator renders his/her decision. I. The grievance procedure herein set forth shall not apply to any grievance in which proceedings are pending before any administrative tribunal, agency or court. J. The time limits provided in this Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. K. If an individual teacher has a personal complaint which he/she desires to discuss with a supervisor, the teacher is free to do so without recourse to the Grievance Procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for individuals an Association representative to be involved during school hourspresent, they nor shall any adjustment of a grievance be inconsistent with the terms of this Agreement. In the administration of the Grievance Procedure, the interests of the teachers shall be excused with pay for that purposethe sole responsibility of the Association.

PROFESSIONAL GRIEVANCE PROCEDURE. 10.1 A. A grievance shall be is defined as an alleged violation of the expressed terms and conditions a specific article or section of this Agreement. Grievant shall be defined as the local Association, teacher or teachers. 1. If any such grievance arises, there shall be no stoppage or suspension of work because of such grievances; but such grievance shall be submitted to the following grievance procedures stated below. 2. Before a grievance can be filed, however, both parties involved shall informally discuss the situation to be certain there has been a violation of any provision of this contract, or to ascertain if there is a disagreement as to a violation of any provision of this contract. 3. Any grievance filed without this initial informal conference shall be considered by all parties as null and void. Said informal conference shall be held within two (2) weeks of the occurrence or at the time the individual should have had knowledge of the occurrence. B. The Association grievant must invoke formal grievance procedure on the form set forth in annexed Schedule, signed by the grievant and the grievant agree not to process a grievance in which representative of the same issue has been or is being processed in any other forum such as MERC or court. 10.2 Grievances Association, and it must be filed within ten (10) days of the decision at the informal conference. A copy of the form shall be presented and adjusted in accordance with the following procedures: Informal Step A. The complaint must first be discussed with the principal by the teacher individually, and/or the Association representative, if requested, with the objective of resolving the matter informally. It is understood that either party may terminate the informal step. Level I - (Principal or Immediate Supervisor) A. In the event the complaint is not resolved informally, the complaint, stated in writing, may be submitted as a grievance delivered to the principal of the school in which building involved and to the Association. If the grievance arises. Such grievance must involves more than one building, it may be submitted within fifteen (15) school days of filed with the event complained of Superintendent or from the date the Grievant had actual knowledge of such occurrence. This time period shall be extended a representative designated by the period of time spent in informal discussionhim/her. B. C. Within five ten (510) school days of the date of receipt of the grievance, the principal or supervisor shall hold a grievance conference meet with the Association President, Grievance Chairperson, or his/her designee in an effort to resolve the grievance. The principal or supervisor shall indicate his/her disposition of the matter. The principalgrievance in writing within ten (10) days of such meeting, and shall furnish a copy thereof to the Association and to the grievant. D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within ten (10) days of such meeting (or twenty (20) days from date of filing, whichever shall be later), the Grievant and/or an grievance may be transmitted to the superintendent. 1. If the Association representativedoes not transmit the grievance on to the Superintendent within ten (10) days after receiving the grievance from the Principal or after the expiration of time if no disposition is made, if requested, the grievance shall be present at considered settled. 2. If the Association does pass the grievance conference. The conference on to the Superintendent within the time limits prescribed, there shall provide opportunity for the Grievant to present written or verbal positions on the issue and to present any supporting data or documents. There may be a written record report signed by the President of the conference and it may be submitted as part of Association stating exactly why the written response that is required in the following section. C. Within five (5) school days of the date Principal's disposition of the grievance conference, the principal shall provide the Grievant (1 copy) was not satisfactory together with any and all information the Association (2 copies) of the written response. The response shall include a summary of the conference along has connected with the decision and supporting reasons of the principalgrievance. 3. Level 2 - (Superintendent or Designee) A. Within ten (10) school days of the date of receipt of the written response of the principal, the Association may appeal the decision of the principal. Such appeal shall be made to the Superintendent or to any designee of the Superintendent, upon whom he has conferred authority to act in his/her behalf. The appeal shall be in writing and shall be accompanied by a copy of the decision of the principal. B. Within ten (10) school days of the date of receipt of the appeal, the Superintendent or his designee shall hold a grievance conference on the matter. The conference shall include the Superintendent or his/her designeedesignee will meet with the Association on the grievance and shall indicate his/her disposition of the grievance in writing within ten (10) days of such meeting and shall furnish a copy thereof together with any and all information the Superintendent has connected with the grievance to the Association. E. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within ten (10) days of such meeting, the Grievant and/or grievance may be transmitted to the Board of Education. 1. If the Association representativesdoes not transmit the grievance on to the Board of Education with ten (10) days after receiving the grievance from the Superintendent or after the expiration of time if no disposition is made, if requested, and any appropriate witnessesthe grievance shall be considered settled. 2. The conference shall provide opportunity for If the presentation of written or verbal positions Association does pass the grievance on the issue as well as Board within the presentation of witnesses or any supporting data or documentation. There may time limits prescribed, there shall be a written record report signed by the President, Grievance Chair, or Designee of the conference and it may be submitted as part Association stating exactly why the Superintendent’s disposition of the written response grievance was not satisfactory. 3. Within ten (10) days, the Board will meet with the Association in closed session, unless otherwise requested by the Association, on the grievance and shall indicate a disposition of the Superintendent or his/her designee, along with the decision. At least one grievance in writing within ten (110) school day prior days of such meeting and shall furnish a copy thereof to the date Association. F. If a satisfactory disposition of the conferencegrievance is not made as a result of Paragraph D, the Grievant and/or the Association shall submit may, by written notice to the Superintendent or his/her designeeBoard, a written statement including reasons submit the grievance to arbitration within fifteen (15) days from the last date provided for dissatisfaction with the decision made at Level in Paragraph E. 1. Within ten (10) school days of the date of the grievance conference, the Superintendent or his/her designee, shall provide the Grievant (1 copy) after such written notice and the Association (2 copies) of the written response. The response shall include a summary of the conference along with the decision and supporting reasons of the Superintendent or his/her designee. Xxxxx 0 - (Arbitration) A. If the Association is dissatisfied with the Superintendentsubmission to arbitration, the Association may, within thirty (30) school days, submit any grievance under this Agreement to binding arbitration under the labor arbitration rules of the American Arbitration Association. If the Association fails to file for binding arbitration within thirty (30) school days, then the grievance will be final based on the Superintendent's response. B. The costs of the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the Board and the Association. C. The arbitrator so selected, will confer with representatives of the Board and the Association committeewill agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators will be made to the American Arbitration Association by the Association. The parties will be bound by the rules and hold hearings procedures of the American Arbitration Association in the selection of an arbitrator. 2. The arbitrator so selected will hear the matter promptly and will issue his/her decision not later than twenty (20) school days from the date of the close of the hearinghearings, or, if oral hearings have been waived, then 20 days from the date the final statements and proofs are submitted to him/her. The Arbitratorarbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issues submitted. 3. The Arbitrator will be without arbitrator shall have no power or authority to make any decision which requires the commission of any act prohibited by lawadd to, subtract from, disregard, alter, or which is violative modify any of the terms of this Agreement. 4. Both parties agree If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he/she shall be bound by the award reinstated with reimbursement. 5. The decision of the Arbitrator. Either party may appeal this decision arbitrator shall be submitted to a competent court of jurisdiction. The the Board and the Association Association, and shall be final and binding upon the Association, the Board, and the grievant. 6. The fees and expenses of the arbitrator shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. G. Any grievance which occurred prior to the ratification date of this Agreement shall not be permitted to assert in such arbitration proceedings any grounds or to rely on any evidence not previously disclosedprocessed. 10.3 A. In all steps of H. If any individual teacher has a personal complaint which he/she desires to discuss with a supervisor, he/she is free to do so without recourse to the grievance procedure. However, except in no grievance shall be adjusted without prior notification to the arbitration step, when it becomes necessary Association and opportunity for individuals an Association representative to be involved during school hourspresent, they nor shall any adjustments of a grievance be excused inconsistent with pay for that purposethe terms of this Agreement. I. Any time period in this Article may be extended by mutual agreement of parties involved.