Section A - Definitions

1. Grievance means an allegation or complaint that there has been a violation, misinterpretation or improper application of one or more specific provisions of this Agreement or any complaint alleging improper, arbitrary, or discriminatory conduct.
2. Grievant means the person(s) or Association making the allegation or complaint.
3. Party in interest means the person(s) or Association making the allegation or complaint or any party who might be required to take action or against whom action might be taken in order to resolve the grievance.
4. Immediate Supervisor means -
   1. The principal or school head;
   2. The principal or school head with whom the grievance has been filed when the employee is assigned to more than one location; or
   3. The administrator by whom the employee is evaluated when the employee is not assigned to an individual school location.

Section B - Purpose

1. The purpose of this Grievance Procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may arise affecting the welfare or working conditions of employees. The Parties agree that these proceedings will be kept as informal as may be appropriate at any level of the procedure.
2. Nothing contained herein will be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the administration, and to have the grievance adjusted without intervention by the Association, provided that the adjustment is not inconsistent with the terms of this Agreement and that the Association after Level I A has been given an opportunity to be present at such adjustment and to state its views.

Section C - Representation

A grievant may be represented by the Association at all stages of the Grievance Procedure after Level I A.

Section D - Procedure

Since it is important that grievances be processed as rapidly as possible, the timetable specified at each level should be considered as a maximum and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement.

In the event a grievance is filed at such a time that it cannot be processed through all the steps in this Grievance Procedure by the end of the school year, the time limits set forth herein will be reduced so that the procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.

Level I A An employee with a grievance shall first inform the immediate supervisor or the appropriate administrator within fifteen (15) days of awareness of the incident or condition which is the basis of the grievance with the objective of resolving it informally.

Level I B If the grievant is not satisfied with the disposition of the grievance a meeting with the school head shall be held with the objective of resolving the grievance informally.

Level I C If the grievance is not resolved informally the grievant may file the grievance in writing with the immediate supervisor or appropriate administrator. The immediate supervisor or appropriate administrator shall respond in writing within three (3) days.

Level II If the grievant is not satisfied with the disposition of the grievance at Level I C, or if no decision has been rendered within three (3) days after receipt of the grievance, the grievant may within ten (10) days submit the written grievance to the Superintendent/designee with copies to the administrator, and the Association.

The Superintendent/designee shall have a hearing within five (5) days after receipt of the written appeal. The Superintendent/designee shall have a written decision within seven (7) days.

Level III If the grievant is not satisfied with the disposition of the grievance at Level II, or if no written decision has been rendered within twelve (12) days after the grievance has been submitted at Level II the Association may submit the grievance to arbitration. The Association shall notify the Superintendent/designee within twenty five (25) days. If a question as to the arbitrability of an issue is raised by either party, such question shall be determined in the first instance by the arbitrator.

The parties have jointly established a six (6) member panel of arbitrators that will be utilized on a rotating basis for arbitration cases.

The arbitrator shall have authority to hold hearings and make procedural rules consistent with this Agreement. Such hearings shall be held as promptly as practicable after the request for arbitration and the arbitrator shall issue the decision within a reasonable time but no later than sixty (60) days after the date of the close of the final hearing. If the Parties mutually agree, hearings may be waived and the arbitrator's decision made on the basis of final statements and evidence submitted to the arbitrator. The Employer and the Association agree to select hearing dates from those presented by the arbitrator and not cancel hearings once scheduled, except in extraordinary circumstances, such as the unavailability of witnesses or emergencies.

The arbitrator shall be without power or authority to alter, amend or modify any of the terms of this Agreement or to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The decision of the arbitrator will be submitted in writing and shall set forth findings of fact and conclusions to the Parties and will be final and binding on the Parties, unless rejected by a four fifths (4/5) vote of the Employer voting at a public meeting to be held within fifteen (15) days. Prior to the Board voting the Association shall have the right to have a representative appear and present the Association's position. The costs for the services of the arbitrator, including per diem expenses if any, travel and subsistence expenses and the cost of any hearing room will be borne equally by the Parties. All other costs will be borne by the party incurring them.

Section E - Grievances Filed at Level Above Immediate Supervisor

If grievances arise from action or inaction on the part of an administrator at a level above the immediate supervisor the grievant may file such grievance in writing at Level II after first attempting to resolve it informally. If the grievance is not resolved it shall be processed through the applicable steps of Section D. The Association may process such a grievance through all levels of the procedure.

Section F - Grievance Meetings and Hearings

All meetings and hearings provided for by this Grievance Procedure shall be held in private and shall include only such parties in interest, their representative(s), and witnesses as necessary.

Section G - Grievance Records

All official records of processing a grievance shall be filed separately from the personnel file of the grievant.

Section H - Grievance Forms

Grievance forms and other necessary documents will be prepared jointly by the Superintendent/designee and the Association. The Association shall have the responsibility for appropriate distribution of the forms for filing grievances. The costs of grievance forms will be borne by the Employer.

Section I - Miscellaneous

1. The Employer and the Association shall make available upon written specific request to the other such information as is necessary to effectively process grievances.
2. Neither the Employer nor the Association shall assert or submit any ground or evidence before a grievance arbitrator which has not been previously disclosed to the other party.
3. The Association and the aggrieved party will be required to exhaust this Grievance Procedure including arbitration before seeking alternative remedies, provided that by doing so they will not be deemed to have waived or otherwise prejudiced any constitutional, statutory, or other legal rights that they may have.
4. If in the judgment of the Association a grievance affects a group or class of employees, the Association may initiate and submit such a grievance in writing. When such a grievance arises outside of a building the Association will attempt to resolve it informally before processing it through the applicable steps of Section D, starting at Level II. The Association may process such a grievance through all levels of the procedure.
5. When it is necessary for the aggrieved party, a Grievance Representative and/or other representative designated by the Association to participate in a mutually scheduled grievance meeting or hearing during the school day, the party will, upon notice to the principal or appropriate administrator by the Association be released without loss of pay as necessary in order to permit participation in the meeting. Any employee whose appearance is necessary in such meetings or hearings as a witness will be accorded the same right.
6. Decisions rendered at Levels I C and II of the Grievance Procedure will be in writing, setting forth the decision and the reason therefore and will be transmitted promptly to all parties in interest and to the Association. Decisions rendered at Level III will be in accordance with the procedure set forth in Section D, Level III.