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GBM-R(1) – Staff Complaints and Grievances – Procedures (Regulation)

Definitions:

  • A “grievance” is a complaint by a person or group of persons employed by the___________________________School District #__________________, made either individually or by a duly authorized and recognized employee association through its representative, that there has been a violation, misinterpretation or inequitable application of any existing agreement, contract, policy, rule, or regulation of the School Board. Negotiations for, or a disagreement over, a non-existing agreement, contract, policy, rule, or regulation is not a “grievance.”
  • An “aggrieved person” is the person or group of persons filing the grievance.
  • “Board” means the School Board of the district.
  • “Days” shall mean calendar days unless otherwise specified.

Article II

Purpose:

The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems which may from time to time arise between employees and the district and to facilitate this purpose these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

Nothing herein contained shall be construed as limiting the rights of any employee having a grievance to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted without the intervention of the employee association, provided the adjustment is not inconsistent with the terms of any settlement with the employee association then in effect. The employee or the administrator involved in the grievance may be represented by a representative at such an informal discussion only by the mutual consent of the employee and the appropriate member of the administration.

Article III

Procedure:

  • It is important the grievances be processed as rapidly as possible. The number of days indicated at each level shall be the maximum and every effort should be made to expedite the process.
  • If appropriate action is not taken by the employee within the time limit specified, the grievance will be deemed settled on the basis of the disposition at the preceding level. The time limits specified herein may be extended by mutual agreement, provided the time extension is requested within the time limits provided in the Article.
  • If an employee does not file a grievance in writing with the principal or other supervisor within 1O calendar days after the employee knew, or should have known, of the act or condition on which the grievance is based, the grievance shall be considered as having been waived.
  • A supply of the grievance forms shall be on file with the building principal, and/or the immediate supervisor.

Article IV

Informal Procedures:

If an employee feels he has a grievance, he shall first discuss the matter with his supervisor, principal or other administrator, to whom he is directly responsible in an effort to resolve the problem.

Article V

Formal Procedures:

Level One – School Principal, Immediate Supervisor or Other Administrator

  • If an aggrieved person is not satisfied with the disposition of his problem through informal procedures, he shall submit his grievance in writing.
  • Signed copies of the written grievance shall be delivered by the employee to each of the following: supervisor, principal or other administrator, the Superintendent of schools, and the president of the School Board.
  • An employee who is not directly responsible to a building principal may submit his formal written grievance to the administrator or supervisor to whom he is directly responsible.
  • The administrator, within five days of the filing of the grievance shall render his decision in writing to the aggrieved person.

Level Two – Superintendent of Schools

  • If an aggrieved person or the Board is not satisfied with the decision concerning his grievance at Level One, or if no written decision has been rendered within five days, he shall, within three days after the decision is rendered, or within eight days after filing at level one, resubmit his grievance in writing to the Superintendent of schools.
  • The Superintendent of schools shall within five days from the filing of the written grievance meet with the aggrieved person for the purpose of resolving the grievance. The Superintendent shall, within five days after this meeting render his decision in writing to the aggrieved person.

Level Three – Board of Education

  • If the aggrieved person or the Board is not satisfied with the disposition of the grievance at Level Two, or if no written decision has been rendered within five days, he shall within five days thereafter resubmit the grievance to the business manager and the president of the Board.
  • At its next meeting, or at a time mutually agreed upon by the parties, the Board or its designated agent shall hold a hearing on the grievances. The decision of the Board shall be rendered in writing within five days after the hearing.

Level Four

If the aggrieved person is not satisfied with the disposition of the grievance at Level Three or if no written decision has been rendered within the time period set forth in the preceding paragraph, he may, within 1O days after receipt of the written decision is due, whichever is earlier, appeal to the Department of Labor, pursuant to statute. The inclusion of this paragraph in this grievance procedure shall not constitute a waiver by either party of its rights to dispute the authority of the Department of Labor to hear the appeal and/or render any particular decision.

Article VI

Miscellaneous:

  • If, in the course of investigation of any grievance by representatives of the complainant, such investigation requires their presence in a school building; they shall report immediately to the principal of such building being visited and state the purpose of the visit.
  • Interruption of regularly assigned classes or activities shall be avoided and students shall not be included in any phase of the grievance procedure except with the mutual consent of both parties.
  • Any party or parties in interest shall appear and may be represented at formal Levels One and Two of the grievance procedure by one representative. When the representative is not a member of the employee organization, the employee organization shall have the right to have one spokesperson present and to have that spokesperson state its views at the formal Levels One and Two of the grievance procedure except when the aggrieved person specifically reques