GRIEVANCE PROCEDURE 17:01 For the purpose of this Collective Agreement, “grievance” shall be defined as a difference or dispute arising out of the interpretation, application, administration, or alleged violation of this Agreement. For the purpose of determining “working days” in this Article, Saturdays, Sundays, and General Holidays are excluded. 17:02 The procedure for adjustment of grievances shall be as follows: Step 1 The employee may submit a signed written grievance to the Executive Director or her designate within fifteen (15) working days of the incident, which gave rise to the grievance, or the employee first becoming aware of the incident. The Executive Director or her designate shall submit her written response to the person filing the grievance within ten (10) working days of receiving the grievance. Step 2 If the grievance is not resolved at Step 1, the employee may submit the grievance in writing to the Personnel Committee within ten (10) working days of receiving the response from the Executive Director or her designate in Step 1. The written grievance shall include: • name of employee involved; • facts giving rise to the grievance; • section(s) of the Collective Agreement alleged to be violated; • indication of redress requested. The Personnel Committee shall submit a written response to the employee within ten (10) working days of receiving the grievance. Step 3 If the grievance is not resolved at Step 2, the Representative of the Union may submit the grievance in writing to the Board of Directors within ten (10) working days of receiving the response from Step 2. The Board of Directors shall schedule a meeting as soon as possible, but within ten (10) working days, with Union Representative along with the Executive Director in attendance, although not necessarily all may be present during the entire meeting. The Board of Directors shall submit its written decision within ten (10) working days of the meeting in Step 3. 17:03 If satisfactory settlement cannot be reached, then upon the written request of either party, within thirty (30) calendar days of receiving the final decision at Step 3, but not thereafter, the matter may then be referred to arbitration. 17:04 In the case of discipline or discharge, Step 1 shall be bypassed. 17:05 In the case of a dispute involving a question of general application or interpretation or where the employee files the grievance, Step 1 may be bypassed in the case of a Union grievance; and in the case of an Employer grievance, the grievance shall be sent directly to the Union. 17:06 In the case of an Employer grievance, said grievance shall be presented to the Union within fifteen (15) working days of the incident which gave rise to the grievance, or the Employer first becoming aware of the incident. The Union shall render a response within ten (10) working days after receipt of the grievance. 17:07 The failure of the Union or employee to meet the time limits set out herein shall cause the grievance to be deemed to be abandoned. 17:08 The time limits set out in this Article are mandatory and may be extended only by mutual consent of the parties in writing. 17:09 The parties shall act fairly, reasonably and in good faith in proceeding to adjust grievances in accordance with the provisions of this Article. In the interests of resolving disputes justly and fairly without recourse to arbitration, the parties agree that full disclosure of all relevant facts shall be made during the grievance process.
PROFESSIONAL GRIEVANCE PROCEDURE A. A claim by a teacher or the Association that there has been a violation, misrepresentation, or misapplication of any provision of this Agreement may be processed as a grievance as hereinafter provided. 1. The following matters shall not be the basis of any grievance filed under the procedure outlined in this article: a. The termination of services of or failure to re-employ any probationary teacher. b. The termination of any teacher to a position on the extracurricular scale. B. In the event that a teacher believes there is a basis for a grievance, he/she shall first discuss the alleged grievances with his/her building principal, either personally or accompanied by his/her Association representative within five (5) days of becoming aware of the alleged incident. C. If, as a result of the informal discussions with the building principal, a grievance still exists, he/she may, within five (5) work days, set forth the grievance on a form, signed by the grievant and a representative of the Association. A copy of the grievance form shall be delivered to the principal. If the grievance involves more than one (1) school building, it may be filed with the superintendent or designee. D. Within five (5) calendar days of receipt of the grievance, the principal shall meet with the Association in an effort to resolve the grievance. The principal shall indicate his/her disposition of the grievance in writing within five (5) calendar 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, or if no disposition has been made within five (5) calendar days of such meeting (or ten (10) calendar days from the date of filing, whichever shall be later), the grievance shall be transmitted to the superintendent or designee who shall meet with the Association on the grievance and shall indicate his/her disposition of the grievance in writing within five (5) calendar days of such meeting, and shall furnish a copy thereof to the Association. F. If the Association is not satisfied with the disposition of the grievance by the superintendent or designee, or if no disposition has been made within five (5) work days of such meeting (or ten (10) work days from the date of filing with the Superintendent, whichever is later), the grievance shall be transmitted to the Board by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) weeks, whichever is later, shall meet with the Association on the grievance. Disposition of the grievance in writing by the Board shall be made no later than seven (7) work days thereafter. A copy of such disposition shall be furnished to the Association. G. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted to arbitration before an impartial arbitrator by written notice to that effect from the Association to the Board within seven (7) calendar days. The arbitrator shall be selected by the American Arbitration Association in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties will be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. The arbitrator shall have no authority to issue a decision on the merits of a prohibited or illegal bargaining subject. H. The fees and expenses of the arbitrator shall be shared equally by the parties. I. The time limits provided in the Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15th 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. J. Notwithstanding the expiration of this Agreement, any claim or grievance arising hereunder may be processed through the grievance procedure until resolution.