Article V - Grievance Procedures

ARTICLE V. GRIEVANCE PROCEDURE

1. Definitions

For purposes of this Article, the terms used herein shall have the following listed definitions:

“Grievance” is defined as a misinterpretation, misapplication, or alleged violation of a specific provision of this agreement.

“Conferee” is a representative chosen by either party.

“Grievant” is a classified bargaining unit member of the Newcastle School District or the Association in matters dealing with Association rights.

A “day” is any day that the District’s Administrative offices are open for business.

2. Informal Conference

An alleged grievance shall be discussed in a private, informal conference between the grievant and his/her supervisor within fifteen (15) days of when the unit member knew or should have reasonably known of the facts giving rise to the grievance.

5.2.1 At least one such private meeting shall take place between the parties before a Level One grievance is filed. Either party may request the presence of a conferee at the informal conference.

5.2.2 A grievance of common facts but affecting more than one person will be handled as one grievance.

3. Level One: Superintendent

Within fifteen (15) days after the informal conference, a grievant not satisfied with the response must present his/her grievance in writing to the Superintendent/Principal.

5.3.1 This writing shall be a clear, concise statement of the grievance including the people, times, dates and places involved, the Article and the paragraph about which there is an alleged violation, the decision rendered at the informal conference, and the remedy sought.

5.3.2 Within ten (10) days, the Superintendent/Principal shall communicate his/her decision to the unit member in writing. If the administrator does not respond within the time limit, the grievant may appeal to the next level.

4. Level Two: Advisory Mediation

If the grievance is not settled in Level I, the aggrieved employee or CSEA may submit the matter for advisory mediation.

5.4.1 The written submittal must be provided to the Superintendent within fifteen (15) days after the response at Step 1 or within fifteen (15) days following the submission to the Superintendent if no response is given.

5.4.2 The parties will notify the State Mediation and Conciliation Service and request a mediator. The mediator shall not issue a written opinion on the grievance but shall otherwise work with the parties to resolve the dispute.

5.4.3 Unless otherwise agreed, there shall be no cost to the District, to CSEA, or to the aggrieved party for this mediation procedures.

5. Level Three: Board

If the grievant is not satisfied with the disposition of his/her grievance at Level Two, he/she may, within ten (10) days after the conclusion of advisory mediation, request in writing that the Governing Board decide the matter.

5.5.1 The Governing Board, at its sole option, will select one of the three options set forth below:

 5.5.1.1 The Governing Board may conduct a hearing, in open or closed session subject to the requirements of the Brown Act.

a) At the hearing, the Governing Board may reopen the record for the purpose of receiving additional evidence necessary to resolve the grievance.

b)The Governing Board shall set a hearing date for the matter, which shall not be later than forty-five (45) days after receipt of the appeal. The grievant and the union representative shall be notified of the date of hearing within ten (10) days after the first Board meeting after the submission of the appeal; or

c)The Governing Board may determine that the grievance may be finally determined on the basis of the record presented to it and render such determination; or

 5.5.1.2 A hearing officer may be designated by the Governing Board to hear the grievance and issue a recommended decision for adoption by the Governing Board.

a) The Governing Board shall set a hearing date for the matter, which shall not be later than forty-five (45) days after receipt of the appeal.

b) The grievant and the union representative shall be notified of the date of hearing within ten (10) days after the first Board meeting after the submission of the appeal; or

5.5.1.3 Upon receipt of the recommended decision, the Board may adopt, modify or reject the recommendation.

5.5.2 If the Board rejects the recommendation, it shall master the record and render its own decision.

5.5.3 Within twenty (20) days after the hearing, the Board shall give its decision in writing to the grievant.

5.5.4 The decision of the Board shall be final and binding.

6. Miscellaneous Provisions

The time limits provided for in this policy may be extended by mutual written agreement of the parties. Any decision not appealed within the limits from one level to the next shall be considered settled on the basis of the last decision and not subject to further appeal.