SECTION
B - PROCEDURE
1. Step One
An
attempt shall be made to resolve any grievance in informal, verbal discussion
between those involved. When requested
by the Teacher, an association grievance committee member may accompany the
Teacher to assist in such informal resolution of the grievance. Prior to the meeting, the teacher shall
inform the administrator that the meeting is to be Step One of the grievance
process.
2. Step Two
The
written grievance shall state the remedy requested. Such grievance shall be submitted within
twenty (20) days of the occurrence giving rise to the grievance or of the date
when such occurrence might reasonably have been ascertained. The Grievant will present the grievance, in
writing, to the Principal or designee who will arrange for a meeting to take
place within ten (10) days after receipt of the grievance. The Principal shall provide a written answer
to the aggrieved Teacher and the Association within ten (10) days after the
meeting.
3. Step Three
If
the grievance is not resolved at Step Two, then the Grievant or the Association
may refer the grievance to the Superintendent or designee within six (6) days
after receipt of the Step Two answer or within ten (10) days after the Step Two
meeting, whichever is later. The
Superintendent shall arrange for a meeting to take place within eight (8) days
of his receipt of the grievance. Each
party shall have the right to include in its representation such witnesses and
counselors as it deems necessary to develop facts pertinent to the
grievance. Upon conclusion of the
hearing, the Superintendent or designee shall have ten (10) days to file a
written decision with the Grievant and the Association.
4. Step Four
In
the event a grievance has not been satisfactorily resolved at the Third Step,
the grievant shall file, within ten (10) working days of the Superintendent's
written decision or answer at the third step, a copy of the grievance with the
Board of Education. Within ten (10)
working days after such grievance is filed, the aggrieved, Association
representative of the aggrieved if desired, the Superintendent and the Board
shall meet to hear the grievance. The
Board shall file an answer within ten (10) working days of the Fourth Step
grievance meeting and communicate it in writing to the teacher, the Principal,
the Superintendent and the Association.
5. Step Five
If
the Association is not satisfied with the disposition of a grievance at Step
Four, or if the time limits expire without the issuance of the Superintendent's
and/or Board President's written reply, the Association may, within thirty (30)
days, submit in writing a demand for impartial, binding arbitration. The arbitration proceeding shall be conducted
by an Arbitrator to be selected by the Board and Association within seven (7)
days after said notice is given. If the
two parties fail to reach agreement on an Arbitrator within seven (7) days, the
American Arbitration Association will be requested to provide a panel under its
rules, and that both the Board and the Association shall have the right to
reject one panel in its entirety within seven (7) days of its receipt and
request that a new panel be submitted.
If a request for arbitration is not submitted to the Board within thirty
(30) days, then the grievance shall be deemed withdrawn.
The
Arbitrator's decision shall not amend, modify, nullify, ignore, or add to the
provisions of the Agreement. His
authority shall be strictly limited to deciding only the issues presented to
him in writing by the Board and the Association and his decision must be based
solely upon his interpretation of the meaning or application of the express
relevant language of the Agreement.