The School Board shall provide a grievance procedure as agreed upon by the CCTA and the Board. 1975 GRIEVANCE PROCEDURE PURPOSE The purpose of this procedure is to secure, at the lowest level, equitable solutions to the problems which may from time to time arise affecting employees. GRIEVANCE DEFINED A grievance is a claim by an Association member or the Association that there is an alleged violation, misinterpretation, or misapplication of the negotiated agreement on any established Board policy, administrative procedure or practice, or individual contracts. TIME LIMITS Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as the maximum number of work days allowed, and every effort should be made to expedite the process. The time limits specified, however, may be altered by mutual agreement of the parties. PROCEDURE LEVEL 1 As soon as the employee becomes aware of an event which leads to a grievance, the employee or one designated member of a group having a grievance shall request that a meeting be held with the particular administrator involved. The purpose of this meeting shall be an attempt to resolve the matter informally. Persons proper to be present at this meeting shall include the particular administrator involved, the aggrieved teacher and/or teachers, and their representative. If the grievance is not resolved by the particular administrator involved, it shall be reduced to writing, signed by the grievant, and submitted to the administrator within five (5) working days of the informal conference. The administrator shall give to the grievant his/her decision within five (5) school days after the grievance has been submitted to him or her, in written form, with his/her conclusion and reasons for such conclusion clearly written thereon. LEVEL TWO (SUPERINTENDENT) In the event the administrator’s written decision as set forth in Level One shall be unsatisfactory, the grievant shall appeal the grievance to the superintendent or superintendent's designee in writing within five (5) school days after the administrator's decision has been given in Level One. The superintendent or superintendent's designee shall schedule a meeting within five (5) school days with the aggrieved teacher, his/her representative, and the administrator involved, to discuss the appealed grievance. The superintendent or superintendent's designee shall submit to the grievant his or her decision in writing on the grievance form within five (5) school days after the meeting. The written decision of the superintendent must contain reasons for the conclusion. LEVEL THREE If the decision of the superintendent is not acceptable to the grievant, then the following will apply: 1. The parties shall request from the Federal Mediation and Conciliation Service Assignment agreement of a mediator at the earliest possible date. 2. The site and date for the grievance mediation shall be established by the parties involved. 3. No more than one day shall be established for the purpose of conducting grievance mediation. 4. The parties shall have the right to representation. 5. Any expenses resulting from the grievance mediation process shall be borne equally by the parties involved. 6. The mediator shall not be empowered to compel a settlement upon the parties.
The grievance mediation process shall terminate when the following conditions have been met: 1. The mediator determines that a settlement is not eminent. 2. Either party indicates their desire to disengage from mediation by serving written notices to the other party and to the bureau. 3. The parties reach an amicable settlement.
If a settlement is reached, the parties shall commit the agreement to writing, which shall be dated and signed by the parties and the mediator. The signed agreement shall be binding on the parties. LEVEL FOUR (BOARD OF EDUCATION) If mediation fails, the grievant shall have the rights to appeal to the Board of Education for a hearing of the case. Request for such a hearing must be made to the President of the Board in writing within five (5) school days after the decision has been submitted by the Superintendent to the grievant in Level Two of the Grievance Procedure. The President of the Board shall arrange a meeting of the Board of Education to hear the appealed grievance at the earliest possible date; however, the hearing with the Board of Education shall be scheduled to be held within ten (10) school days from the date the President receives the request for appeal hearing from the grievant. The Board of Education shall submit its decision in writing to the grievant (s) with a copy to the President of the Association within five (5) school days following the closing of the appealed hearing and affix their signatures thereto. EMPLOYEE RIGHTS
All parties to a grievance are assured of freedom from restraint, coercion, discrimination, or reprisal. A grievant may be represented at all levels of the grievance procedure by himself/herself or at his/her option, by a designee of the Association If the grievant is not represented by the Association, the Association shall have the right to be present. All documents, communications, and the records dealing with the processing of a grievance shall be filed in a separate confidential file maintained by the Association and Board and shall be kept in the personnel file of any participants. Failure at any level of this procedure for a grievant to be given a reply within the specified time limits shall mean the relief sought shall be implemented. Failure at any level of this procedure to appeal grievance to the next level within the specified time limit shall be deemed to be acceptance of the decision at that level. The grievant shall have the rights to bring any witness to grievance hearings who can provide testimony relevant to grievance. When grievance proceedings are held during the regular workday, there will be no loss of pay for those teachers whose attendance may be required by the Board or Association. Meetings held under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity to attend for all persons proper to be present. During the summer months, time limits set forth shall be in terms of calendar days. The Association recorder may also be present at any level of the procedure. A grievance may be withdrawn by the grievant at any level without prejudice or record. MISCELLANEOUS The board will provide the Association with a copy of all grievances and written decisions at each level. All written decisions shall set forth reasons supporting such decisions. Format for the forms for filing grievance shall be submitted to the Board by the Association and the Board will prepare and distribute these forms to the Association so as to facilitate operation of the grievance procedure. Information on grievance forms must be typewritten in order to provide legibility and ease in reproduction.
2018, 2000, 1993, 1982
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