Article VIII - Grievance Procedure

8.1 DEFINITIONS

8.1.1 A "grievance" is a claim by one or more unit members that there has been a violation, misinterpretation or misapplication of a provision of this Agreement, a violation of the right of fair treatment, or a violation, misapplication or misinterpretation of any law, Board policy, practice or regulation.

8.1.2 A "grievant" may be any bargaining unit member(s) or the Association, either on its own behalf or on behalf of the affected teachers.

8.1.3 A "conferee" is a person, who at the request of the employee or administrator, is invited to participate in the grievance procedure.

8.1.4 A "day" is any day in which the Newcastle Elementary School District is in session.

8.1.5 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may, from time to time, arise affecting the welfare or working conditions of teachers.  Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure. Time limits may be extended by mutual consent.

1. Informal Level - Within fifteen (15) days of the occurrence of the alleged violation or when the grievant reasonably should have known of the alleged violation, the teacher shall meet with the Superintendent and try to resolve it by an informal conference.

2. Formal Level: Level l (Written grievance filed with Superintendent)

1. Within ten (10) days after the informal meeting, and if there is no resolution to the allegation, the teacher shall present his/her grievance in writing to the Superintendent on a form provided by the district. (See appendix E)

2. This statement shall be a clear, concise written statement of the grievance, the circumstances involved, the specific sections of the contract violated, the decision rendered at the informal conference, and the specific remedy sought.

3. The Superintendent shall communicate his/her decision to the teacher, in writing, within ten (10) days after receiving the grievance.

3. Formal: Level II (Appeal to Conciliation Service)

1. If the employee is not satisfied with the decision of the Superintendent at Level I, the Association may, within ten (10) days, contact the State Conciliation Service and request the services of a mediator to assist in the resolution of the alleged grievance. As an alternative, within the same ten (10) day timeframe, the Association, at its discretion, may proceed directly to Level III of the Grievance Process.

2. The parties shall meet with the mediator at times that are mutually convenient.

3. The parties may develop "ground rules" for this process themselves, or develop "ground rules" with the mediator, or permit the mediator to establish "ground rules".

4. A mutually acceptable mediated settlement shall be binding on both parties.

5. All costs for the services of the mediator, including but not limited to per diem expenses, travel and subsistence expenses, and the cost, if any, of a hearing room, shall be borne equally by the District and Association. All other costs shall be borne by the party incurring them.

6. All costs for the released-time expense for the grievant(s), Association representative(s), and witnesses to attend the mediation shall be borne equally by the District and the Association

D.  Formal: Level III – (Appeal to the Board of Trustees)

1. If the grievance is not resolved at Level I or II, the Association may, within ten (10) days, appeal the decision to the Board.

2. This shall include a copy of the original grievance, decisions rendered at previous levels, a clear, concise statement of the reasons for the appeal and the specific remedy sought.

3. The grievance will be heard by the Board at a regularly scheduled Board Meeting in closed session.

4. The Board shall communicate their decision to the teacher within fifteen (15) days following the hearing.

5. The decision of the Board of Trustees will be final and binding upon all parties. However, once this grievance process has been exhausted internally, nothing herein prohibits the Association or grievant from pursuing the alleged violation, misapplication or misinterpretation of the contract in a court of competent jurisdiction. The mediator’s opinion may stand as evidence in such a case.

8.2 GENERAL PROVISIONS

8.2.1 No reprisals of any kind will be taken by the Superintendent or by any member or representative of the administration or the Board against any aggrieved party, any party in interest, any member of the Association, or any other participant in the grievance procedure by reason of such participation.

8.2.2 No reprisals of any kind will be taken by the unit member and/or the Association and its representatives against the Superintendent/Principal, administration, or any member of the Board.

8.2.3 If a grievance arises near the end of the school year, all parties shall make every effort to resolve the grievance before the end of the school year.

8.2.4 Employees shall have the right to a representative of his/her choice at all stages of this procedure.

8.2.5 When it is necessary for any bargaining unit member(s) to be absent from his/her duties to prepare for a grievance at any level, release time shall be granted at no cost to the district.

8.2.6 Documents, communications, and records dealing with grievance resolution shall be kept confidential and filed separately from the personnel files of a participant. 

8.2.7 Until the final disposition of a grievance takes place, the grievant is required to conform to the original direction of the Supervisor unless such compliance would put the grievant’s health or safety at risk or cause the grievant to violate the law. 

8.2.8 Neither party may seek other procedures until the provisions of this grievance procedure have been exhausted. 

8.2.9 Although the time limits herein should be regarded as maximum intervals, an extension of the timeline in this procedure may be granted upon mutual agreement.

8.2.10 The Board and the administration shall cooperate with the Employee Representative in its investigation of any grievance.

8.2.11 A grievance may be withdrawn at any level without establishing a precedent.

8.2.12 The grievant and his/her representative will receive a copy of  the grievance and the proposed resolution, and will be given an opportunity to file a response prior to final decision of the employer.

8.2.13 Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents for levels 1 through 3 shall be prepared by the Association and given appropriate distribution so as to facilitate the operation of the grievance procedure. The costs of preparing such forms shall be borne by the Association.