3340 - GRIEVANCE PROCEDURE
Definition
A grievance is hereby defined as a claim against, or a dispute with, the Board of School Trustees by a teacher or teachers that raises an issue of the violation of the express terms of the agreement.
Procedure
Grievances shall be handled in the following manner:
Step One: The aggrieved teacher shall first present the grievance to the building principal during non-teaching hours. The building principal shall verbally answer the grievance within three (3) working days after it is presented by the aggrieved teacher.
Step Two: If the grievance is not satisfactorily resolved in Step One, or if the building principal fails to answer the grievance as there required, it shall be reduced to writing and submitted to the Association and set forth on an official school-approved grievance form. It is understood that any grievance not presented by an aggrieved teacher in writing to the building principal within fifteen (15) working days of the time that the aggrieved teacher knew, or reasonably should have known, of the facts giving rise thereto shall be considered waived for all purposes. Within five (5) working days after receiving the written grievance, the building principal shall communicate his answer in writing to the aggrieved teacher.
Step Three: If the grievance is not satisfactorily resolved in Step Two, or if the building principal fails to answer the grievance as required, it may be appealed within seven (7) working days to the Superintendent by delivery of a copy of the written grievance to the Superintendent’s Office, which shall receipt therefore. Failure of the aggrieved teacher to appeal said grievance within seven (7) working days shall result in waiver of the grievance for all purposes. Within ten (10) working days after receipt of the appealed grievance, the Superintendent or his/her designated representative shall communicate his/her answer in writing to the aggrieved teacher.
Step Four: If the grievance is not satisfactorily resolved in Step Three, or if the Superintendent fails to answer the grievance as there required, it may be appealed to the Board within seven (7) working days after receiving the Superintendent’s response in Step Three. Failure of the aggrieved teacher to appeal said grievance within seven (7) working days shall result in waiver of the grievance for all purposes. Within twenty (20) working days after receipt of the appealed grievance, the Board President shall communicate his/her answer in writing to the aggrieved teacher.
Representation in the Grievance Procedure
The president of the association, or his/her designated representative, shall be permitted to visit the building or buildings involved in a grievance to investigate the grievance and to confer with the aggrieved teacher. Such visits shall be conducted outside regular school hours, and the president or his/her designee shall report to the building principal before commencing such a visit.
Upon request, the aggrieved teacher may be accompanied by a representative of the association in meetings at any step of the grievance procedure.
Records
No grievance processing records shall be a part of any teacher’s personnel file. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
Time Limits
The time limits provided in this policy shall be strictly observed but may be extended by a written contract between the parties.
In the event a grievance is filed after May 15th of any year, the Board shall cooperate in processing such grievance prior to the end of the school year.
Violation
If a group class of teachers contend that the express terms of the agreement have been violated and if they are directly affected by said claimed violation, the association may submit the grievance in writing in Step Two, subject to the time limitations of said Step Two.