ARTICLE III
GRIEVANCE PROCEDURE
A. Definition
1. A "grievance" is a complaint about the interpretation, application, or alleged violation of policies, agreements, or administrative decisions affecting an employee or group of employees.
2. A "school day" is any weekday including weekdays when school is not in session.
B. Purpose
1. The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems, which may from time to time arise affecting the welfare or terms and conditions of employment of employees. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
2.Nothing herein contained shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of administration, and having the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement, and that the Association has been given the opportunity to be present at such meeting and to state its views.
C. Procedure
1. Such grievance shall be filed within thirty (30) school days of the date of the grievance or the date that the employee or group of employees should have reasonable knowledge of the grievance.
2. In the event a grievance is filed at such time that it cannot be processed through all the steps in this grievance procedure by the end of the school year and, if left unresolved until the beginning of the following year could result in irreparable harm to a party of interest, the time limits set forth herein shall be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
3. Level One
An employee with a grievance shall first discuss the grievance with his/her principal or immediate supervisor, either directly or through a representative designated by the Association, with the objective of resolving the matter informally. If the complaint is not resolved informally within five (5) calendar days following the informal discussion with the principal or immediate supervisor, the grievant shall submit the grievance in writing to the principal or immediate supervisor within ten (10) calendar days after the informal discussion with the principal or immediate supervisor. The principal or immediate supervisor shall respond in writing within fifteen (15) calendar days of receipt of the written grievance.
4. Level Two
If the written response of the principal or immediate supervisor is not acceptable, the Association shall refer the grievance to the Superintendent of Schools. The written grievance must be submitted to the Superintendent of Schools within five (5) calendar days of receipt of the written response of the principal or immediate supervisor. The Superintendent of Schools, or his representative within Central Administration, shall render his decision, in writing, within thirty (30) calendar days after receipt of the written grievance.
5. Level Three
a. In the case of a grievance about the interpretation, application, or alleged violation of the written Agreement between the Board and the Association, the final step shall be binding arbitration. The arbitrator shall be selected under the rules of the Public Employment Relations Commission. In the case of a grievance, which involves the interpretation, application, or alleged violation of the Board's policy or decisions of the Administration, which in either case is not in conflict with the Agreement, the determination by the Board shall be final.
b. The parties agree that each will attempt a news blackout for fifteen (15) days after receipt of the arbitrator's award.
c. The arbitrator shall be limited to the issues submitted to him and shall not add to, subtract from, or modify the terms of the Agreement.
d. The fees and expenses of the arbitrator will be shared equally by the parties.
e. Arbitration meetings will be held at times other than the regular school day.