Grievances

This agreement outlines the first revision to our grievance procedure since our CBA adoption in the 1960s! This process has been simplified to make it easier to solve problems quickly and efficiently at the lowest level possible to better maintain respectful and collaborative worksites.  

TA Language:

Article 28: Grievance Procedure

A. Declaration of Purpose 

The purpose of this procedure is to ensure a positive and cooperative relationship between the Board of Education, Administration, and the members covered by this Collective Bargaining Agreement. It aims to solve any complaints from teachers in a fair way, at the lowest possible level, so that teachers can address their concerns without fear of pressure, unfair treatment, retaliation, or punishment. The goal is to help the District and Teachers work through disagreements quickly and fairly, without having to go through long or expensive legal processes.

B. Definitions 

1. A Grievance is a claim by any person represented by the Association of any event or condition adversely affecting their terms and conditions of employment and/or work related welfare caused by an alleged violation of this CBA, policies/rules/bylaws/procedures/practices of the Board, or improper implementation of administrative regulations/State regulations. The Association reserves the right to pursue alleged violations of NYS law directly through arbitration rather than engage in the grievance process.

2. The term “Supervisor” means any Principal, Associate Principal, immediate supervisor, or other administrative or supervisory officer, who is not a member of the Association, responsible for the area in which an alleged grievance arises except for the Chief Executive Officer.

3. “Association” means the Ithaca Teachers Association, exclusive representative of the negotiating unit. 

4. “Aggrieved Party/The aggrieved” means any person or group of persons represented by the Association filing a grievance. 

5. “Professional Practices, Rights and Responsibilities (PPR&R) Committee” is the committee created and constituted by the Association and its members for the enforcement of this Agreement, assertion of their professional rights, and for processing grievances. 

6. “Party in Interest” means the PPR&R Committee and any party named in a grievance who is not the aggrieved party. 

7. “Hearing Officer” means any individual charged with the duty of rendering decisions at any given stage of the grievance process.

C: Elements of a Grievance  

1. All grievances will include: 

(a) the name and position of the aggrieved

(b) the provision of law, this CBA, policy, etc., involved in the grievance 

(c) the time and place where the alleged events or conditions prompting the grievance existed 

(d) the identity of the party responsible for causing said events or conditions if known  

(e) a general statement of the nature of the grievance 

(f) the redress sought by the aggrieved party

2. The Association may initiate the Informal Grievance process on its own when it has reason to believe that a system-wide policy would or does affect a group of members. 

3. Whenever possible, grievances will be prepared and processed during employee hours. All reasonable efforts will be made to avoid interrupting classroom activity and involving students in any phase of the grievance procedure. 

4. The Board of Education and the Association agree to facilitate any required investigation and to make available any and all material and relevant documents, communications, and records concerning the alleged grievance.    

5. Except in Stage E.2(a), the aggrieved and any party of interest has the right to confront or cross-examine all witnesses on their behalf.  The parties may designate one or more official note-takers. The aggrieved and all parties of interest will have access to all official notes taken during any proceedings made regarding their grievance.    

6. No interference, coercion, restraint, discrimination, or reprisal of any kind at any time will be taken by the Board or any member of the administration against the aggrieved party, any parties in interest, any representative,  or any other participant in the grievance process. 

7. The Board and the Association will work together to create forms for filing grievances, sending notices, making appeals, submitting reports, and other required documents. Once the forms are finalized, the Chief Executive Officer will arrange for them to be printed and distributed, or otherwise made available, to ensure the grievance process runs smoothly.

8. If any part of this grievance procedure, or how it applies to a person or group in the bargaining unit, is found by a court to be illegal, that part will no longer be valid except as allowed by law. However, all other parts of the procedure will remain in effect and continue to be followed.

9. The Chief Executive Officer is responsible for creating and keeping an Official Grievance Record. This record will be kept separate from the personnel files of those involved. It will include written grievances, exhibits, transcripts, communications, meeting minutes/notes or testimony notes, written arguments and briefs from all Formal Grievances, and all written decisions from each/any stage. Official minutes will be kept at the Board's expense for all Formal Grievance proceedings. A copy of such minutes will be made available to the aggrieved and the Association within two (2) days after the conclusion of any hearings, and the appropriate Hearing Officer will be advised of any errors in said minutes. Any such claim of error will be added to the Official Grievance Record, and the Hearing Officer will note their decision about the claimed error. The Official Grievance Record can be inspected or copied by the aggrieved party, the PPR&R Committee, and the Board. It will not be considered a public record unless required by law.

10. The existence of this process does not mean that the person with an alleged grievance has to use it. They still have the right to seek other ways to resolve the issue, and using this procedure will not limit or prevent them from pursuing other options at any point.

D. Notification and Initiation  

1. It is to the benefit of all that any alleged grievance be processed as efficiently as possible. All parties will make every effort not to delay the process. The time limits specified for either party may be extended only by mutual agreement.

2. No grievance may enter the Formal Grievance process (XXVIII.F) unless the Association is notified of the alleged violation within 60 school days of the inciting events or conditions. The Association will develop the process by which members will notify the Association.  

E. Stage 1: Informal Grievances

1. Engaging in a collaborative solution-finding process is a cornerstone of labor relations. The Informal Grievance process is intended to create a cyclical process that allows the aggrieved, with the cooperation/assistance of the Association, to seek resolution to their alleged grievance first at the building and then at the district level as needed.

2. Informal Grievances will use the following steps:

1. The aggrieved will discuss their grievance with their building leader/immediate supervisor or their building representative with the goal of finding a mutually agreeable resolution. The building leader/supervisor and/or building representative may continue to talk with each other or other parties of interest. Still, the aggrieved must be informed of any potential resolution and be able to provide feedback. The aggrieved is permitted to be present anytime their grievance is being discussed.

2. Within 60 (sixty) school days, the aggrieved and/or their building representative must inform the Association about their alleged grievance through the means developed by the Association. Within 10 (ten) school days, the Association will notify the Chief Executive Officer/Designee, in writing, of the alleged grievance. 

3. If the aggrieved is unable to find a resolution in E.2(a), they may then contact the Association/PPR&R Committee for further review.  

   1. Upon notification, the PPR&R Committee and Association will solicit the Administration to begin finding a mutually agreed resolution to the grievance. The aggrieved will be informed of any decisions made and must consent to any proposed resolution.  The Administration will make all efforts to meet in a reasonable timeframe.

   2. At the next available PPR&R Committee meeting, the alleged grievance will be reviewed to advise the aggrieved and propose potential resolutions to seek. At this meeting, the committee will review the Elements of a Grievance presented for eligibility to enter into the Formal Grievance process.  

4. The aggrieved has the right to bypass E.2(a) and proceed directly to E.2(b) should they choose.

5. After beginning E.2(c), solution-seeking among all parties of interest may occur and is encouraged.

6. The Informal Grievance process may continue without a time limit or until the aggrieved, the Association, or the Administration no longer believes a mutually agreed-upon resolution can be found. In such an event, the party that wishes to close the Informal Grievance must inform the aggrieved, the Association, and the Administration in writing.   

7. If the grievance is resolved at any point during the Informal Grievance process, the resolution will be final and binding for the aggrieved unless objected to by the Association or Central Office Administration. 

8. Any resolutions agreed upon during the Informal Grievance process will not set a precedent for further cases under this CBA.         

F. Stage 2: Formal Grievance 

1. Within ten (10) school days of the close of the Informal Grievance process as detailed in E.2(f) and with the agreement of the Association, the aggrieved may initiate a Formal Grievance. 

2. Formal Grievances will use the following procedures and timelines:

1. The Association will notify the Administration in writing that it will begin a Formal Grievance on behalf of the aggrieved. 

2. The grievance will be reduced to writing and be presented along with all supporting documentation to the building leader/immediate supervisor for their final determination. The building leader/immediate supervisor will deliver their final determination in writing to the Association and the aggrieved within ten (10) school days.   

3. If the aggrieved is not satisfied with the determination in F.2(b), they may appeal to the Association to request a continuation of the grievance. This must be done within ten (10) school days of receiving the determination from F.2(b). If the Association agrees to continue the grievance, the written grievance, supporting documentation, and the determination from F.2(b) will be sent to the Chief Executive Officer/Designee for final determination. The Chief Executive Officer/Designee will render their final determination to the Association and the aggrieved within ten (10) school days.

4. Within ten (10) school days of receiving the determination from F.2(c), if the aggrieved is not satisfied with the determination and with the continued agreement of the Association, the Association will file an appeal with the Board of Education. The Association will provide the written grievance, all supporting documentation, and all determinations along with the appeal. The Board will also have access to the official grievance record maintained by the Chief Executive Officer.

5. Within two (2) voting meetings of receiving the appeal, the Board will hold a hearing about the grievance. The hearing will be held in executive session with the aggrieved and the Association. 

6. Within ten (10) school days of the hearing, the Board will deliver its determination on the grievance, in writing, to the aggrieved, the Association, and the Chief Executive Officer. 

3. If a decision at each step is not appealed to the next in the procedure within the time 

    limits specified, the grievance will be deemed to be discontinued and may not be 

    appealed further under this CBA.

4. If at any step the determination is not communicated to the aggrieved and the    

    Association by the end of the time limit, the aggrieved and Association may proceed to 

    the next step in the process. 

G. Arbitration

1. Within ten (10) school days of the end of, and having exhausted, the Formal Grievance process, if the aggrieved and the Association are not satisfied with the Board determination, the PPR&R committee has determined the grievance has merit, and the Association believes it is acting in the best interest of its members; the Association may submit the grievance to arbitration by written notice to the Board.  

2. Within five (5) school days after the written notice to request arbitration, the Board of Education and the PPR&R Committee will work together to choose an arbitrator who understands the issue and is acceptable to both sides. They must also confirm that the arbitrator is willing to take the case. If they cannot agree on an arbitrator or secure a commitment within the time limit, either side can ask the American Arbitration Association (AAA) for a list of arbitrators. Both sides will follow the AAA's rules and procedures to select an arbitrator.

3. The arbitrator's decision will include the facts, reasoning, and conclusions about the issue.

4. The arbitrator cannot make decisions that require illegal actions or violate the terms of the Agreement.

5. The arbitrator’s decision will be final and binding for everyone involved.

6. For grievances related to contract violations, the cost of the arbitrator's services and any expenses will be split equally between the Board of Education and the Association..

H. Time for Grievance Processing 

1. When a Building Representative, a member of the Professional Practices, Rights, and Responsibilities (PPR&R) Committee, or another Association representative needs to investigate a grievance or attend a grievance meeting or hearing, the Chairperson of the PPR&R Committee will notify the Principal or immediate supervisor and the Superintendent. The notice will request that these individuals be allowed to participate in these activities without losing pay. Any teacher required to attend as a witness will have the same right. The Association agrees to use these rights responsibly and not misuse them.