Know Your Contract by Tomia Smith

The following is taken from Article XXII: Grievance Procedure, pages 43-46. Each heading has been included with sections A, B, and C being highlighted. You may refer to your contract for further explanation.

It is the declared objective of the parties to encourage the prompt and informal resolution of differences as they arise and before recourse is had to the more formal procedures described herein. Nothing contained herein shall be construed to prevent any teacher from informally discussing a problem with any administrator in the District.

Formal grievances shall originate in a written complaint stating the specific grievance, and the decision at each step shall be communicated in writing to the aggrieved teacher and to the Federation.

A.  Definitions
A grievance is a complaint concerning the violation, application or interpretation of the 
contract. However, this procedure shall not be used to adjust a complaint where (1) the law 
establishes and requires a specific procedure and method of redress inconsistent with the 
procedures herein established, or (2) the Board is without authority to act.

As used in this Article, the term "aggrieved teacher" shall also mean a group of teachers
having the same grievance, or the Federation.

B.  Appearance and Representation
     1.  Meetings held under this procedure shall be conducted at a time and place which will
         afford a fair and reasonable opportunity for all persons, including witnesses, entitled
         to be present to attend; when such meetings are during school hours all teachers who
         are present at the meeting shall be excused with pay for that purpose.

     2.  Either the Board of Education or the Federtion may present and process grievances. 
         Such Board or Federation grievances shall be initiated in writing at the appropriate
         step.

     3.  At the first two steps of this procedure, an aggrieved teacher may choose to be
         represented by the Federation or he/she may represent himself/herself.

     4.  The Federation shall be advised of all grievances filed, and shall be notified of 
         time and place of any meetings. It may, if it wishes, be represented at each meeting
         and make its view known.

     5.  The Federation shall have the right to pursue in its name a grievance initiated by
         a teacher who fails to appeal a decision at Step 1 or Step 2.

C.  Adjustment of Grievances
       Step 1. Immediate Supervisor
       The teacher and/or a Federation representative shall present the grievance to his/her
       immediate supervisor (generally the Building Principal or his/her representative). The
       principal or his/her representative will render a written decision within three (3)
       school days after the receipt of the written grievance. If the matter is not satisfactorily
       resolved at Step 1, then the aggrieved teacher or his/her representative may within
       five (5) school days after receipt of the Step 1 decision, appeal in writing to the
       Superintendent of Schools or his/her designated representative.

       Step 2. Superintendent of Schools
       The Superintendent or his/her designated representative shall arrange for a hearing within
       five school days after receipt of an appeal from Step 1. The Superintendent or his/her 
       designated representative will render a written decision within eight (8) school days after
       the hearing is concluded. If the matter is not satisfactorily resolved at Step 2, then the
       grievance may proceed to Step 3 by notice from the Federation to the Superintendent or 
       his/ her designated representative in writing within ten school days after receipt of the 
       decision at Step 2. After the notice hereinabove referred to is submitted to the 
       Superintendent or his/her designated representative, there shall be an allowance of ten 
       additional school days thereafter within which the request for arbitration must be sent to 
       the American Arbitration Association by the moving party.

       Step 3. Arbitration
       The matter shall be submitted to an arbitrator. The parties agree that they will select a 
       new three-person panel of the arbitrators for the 2002-2003, 2003-2004 and 2004-2005 school 
       years. Said arbitrators will serve on a rotating basis subject to their availability.

       The arbitrator shall issue his/her written determination and award not later than thirty 
       days from the close of hearings, or, if oral hearings have been waived, then from the date 
       of transmission of the final statements and proofs to the arbitrator.

       The determination and award of the arbitrator shall be binding upon the parties.
       The voluntary labor arbitration rules of the American Arbitration Association shall apply to 
       the proceeding insofar as they relate to hearings, fees and expenses. The arbitrator's fee 
       and expenses will be shared equally by the parties. 

D.   Special Procedures
E.   General
F.   Exclusivity

In unity,
Tomia Smith

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