4340 - GRIEVANCE PROCEDURE
Purpose
The purpose of this Section is to provide for an internal method for resolving grievances under the terms of the Employee Handbook. A determined effort shall be made to settle any grievance at the lowest possible level in the grievance procedure.
Definitions
Grievance: A "grievance" is defined as any complaint that arises underneath this Handbook regarding the interpretation, application or violation of this Handbook.
Grievant: A "grievant" may be any employee or group of employees.
Day: The term "days" as used in this Article shall mean regularly scheduled workdays, unless otherwise indicated
Time Limits
The time limits set forth in this Section shall be considered as substantive, and failure of the grievant to file and process the grievance within the time limits set forth in this Section shall be deemed a waiver and a settlement of the grievance. The number of days indicated at each level should be considered a maximum. The time limits specified may, however, be extended by the mutual consent of the District and the grievant. The parties may, through mutual consent, agree to start the grievance at a higher step if the grievance involves termination and is initially filed in a timely manner pursuant to the timelines set forth below
Grievance Processing Procedure
Grievances shall be processed in accordance with the following procedure:
Step One - Informal Resolution: An earnest effort shall first be made to settle the matter informally between the employee and the immediate supervisor. A grievance may be initiated through an informal meeting and discussion with the immediate supervisor, the employee and the employee's designated representative. The informal meeting and discussion shall occur within twenty (20) days after the facts upon which the grievance is based first occurred. The immediate supervisor will give an answer to the grievance. The grievant(s) shall be required to state the purpose of the discussions and event(s) upon which the discussions are based. The immediate supervisor shall notify the grievant and (if applicable and appropriate) the representative of his/her answer within ten (10) days. If the matter cannot be resolved or if no answer is provided in the above timeframe, the grievant(s) may file a written grievance.
Step Two - Written Grievance: If the grievance is not resolved at Step One, the grievant(s) shall file a written grievance with the immediate supervisor within ten (10) days of the response in Step One above or if no response is provided within ten (10) days of the deadline for the response. The written grievance shall include the facts upon which the grievance is based, the issues involved, the Handbook provision alleged to be violated and the relief sought. The grievance shall be signed and dated by the grievant. The immediate supervisor shall respond to the grievance in writing within ten (10) days. However, if there is an ongoing investigation related to the subject matter of the grievance, the immediate supervisor shall have until ten days after completion of the investigation to respond to the grievance. If the matter cannot be resolved or if no answer is provided in the above timeframe, the grievant(s) may file an appeal to the Superintendent of Schools.
If the grievant’s immediate supervisor is the Superintendent of Schools, the grievant shall skip Step Three and proceed directly to Step Four if he/she is not satisfied with response of his/her immediate supervisor at Step Two (or if no answer is provided in the above timeframe).
Step Three - Appeal to Superintendent of Schools: If the grievance is not resolved at Step Two, the grievant may appeal the written grievance to the Superintendent within fifteen (15) days after the response at Step Two or if no response is provided within fifteen (15) days of the deadline for the response. The Superintendent shall meet with the grievant(s) and/or the employee's designated representative and the principal or immediate supervisor within fifteen (15) days after receiving the written grievance. The Superintendent shall respond to the written grievance within fifteen (15) days of the meeting or at a later date as determined by the Superintendent if further investigation is warranted. The Superintendent shall indicate in writing the disposition of the grievance and forward it to the grievant and (if applicable and appropriate) the grievant’s representative. If the matter cannot be resolved or if no answer is provided in the above timeframe, the grievant(s) may file an appeal to the impartial hearing officer.
Step Four - Appeal to Impartial Hearing Officer: If the grievance is not resolved in Step Three, the employee must notify the Superintendent, within ten (10) days after receipt of the Superintendent's answer or if no response is provided within ten (10) days of the deadline for the response, if he or she intends to process the grievance to an impartial hearing officer.
*This step of the process is available only if the alleged violation of District policy or Employee Handbook involves discipline, termination, or workplace safety.
Grievances involving any other issue may be appealed directly to the Board under Step Five, and the Board shall review the decision that the Superintendent issued in Step Two or Three.
If there is a dispute over the timeliness or the ability to use the grievance procedure on the issue, the Administration shall have the discretion to bifurcate the hearing for the purpose of deciding those issues (i.e. address whether the grievance was filed in a timely manner before hearing the merits of the grievance or address whether the content of the grievance is properly before the impartial hearing officer).
Step Five – Appeal to Board of Education: If the grievance is not resolved at Step Four, the grievance may be appealed to the School Board within ten (10) days after the decision at the prior step. Either the administration or the grievant may appeal an impartial hearing officer’s decision to the Board. The Board’s decision is final and may not be appealed. All Board actions throughout this process shall comply with requirements of Wisconsin’s Open Meetings Law.
The Board shall meet with the parties to review the evidence and hear testimony relating to the grievance. At the hearing, each party may cross-examine any witness of the other party. If either party presents an exhibit that was not presented at a prior step of the grievance process, the exhibit must be provided to the other party at least twenty-four (24) hours prior to the hearing.
Grievant's Right to Representation
Any grievant may be represented at all stages of the grievance procedure by a representative(s) of his/her own choosing.
Consolidation of Grievances
Grievances of the same type, and with similar fact situations, may be consolidated at the discretion of the Administration.
Group Grievances
Group grievances involving more than one employee and involve any of the following:
- More than one work site;
- More than one supervisor; or
- An administrator other than the immediate supervisor.
Such grievances may be initially filed at Step Three; however, they shall follow the initial timelines for filing the grievance at steps One and Two above. (Ref. Board Policy 527-527.1R(2) – Employee Grievances and Employee Grievance Procedures.