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ARTICLE VI
GRIEVANCE PROCEDURE
I
n
order to settle grievances at the lowest possible administrative level, the
organization and procedure for processing grievances shall be as follows:
Section 1. A grievance shall mean a complaint by the Union or by the teacher
and the Union that there has been a violation, misinterpretation or inequitable
application of any of the provisions of this Agreement or that a member of
the bargaining unit has been treated unfairly or inequitably or discriminated
against for any reason.
Section 2. All grievances shall be submitted in writing within thirty (30)
days of their occurrence to the administrator involved and signed by the aggrieved.
The Union shall receive a copy immediately of all grievances.
Section 3. An aggrieved teacher shall first discuss it with his/her principal
either directly or accompanied by the Union representative with the objective
of resolving the matter informally. The principal shall communicate his/her
decision to the teacher within five (5) school days after receiving the complaint.
Section 4. If the decision of the principal is not satisfactory, the aggrieved
may appeal it within five (5) school days to the Superintendent of Schools.
The Superintendent shall arrange a meeting within five (5) school days from
the date of receiving a grievance and shall give his/her decision within five
(5) school days of such meeting. Said decisions shall be in writing. If the
matter is not satisfactorily handled, then:
Section
5. ARBITRATION
A grievance dispute which was not resolved at the level of the Superintendent
under the grievance procedure may be submitted by the Union to arbitration.
The proceeding may be initiated by filing with the Superintendent and the
American Arbitration Association a request for arbitration. The notice shall
be filed within ten (10) school days after receipt of the decision of the
Superintendent under this Grievance Procedure. The voluntary labor arbitration
rules of the American Arbitration Association shall apply to the proceeding.
The parties shall determine by lot which of them shall strike first from the
list of arbitrators submitted. The arbitrator shall issue his/her decision
no later than thirty-(30) days from the date of the close of the hearings
or if oral hearings have been waived, then from the date of transmitting the
final statements and proofs to the arbitrator.