ARTICLE 9 GRIEVANCE PROCEDURE

Barrington School District

SECTION 1. Definition

A grievance is any claim, complaint or dispute arising out of the interpretation or application of the terms of this Agreement; or any claim that discipline was not for just cause; or any dispute that the School Committee policies, rules and regulations conflict with any of the terms of this Agreement. Grievances may be initiated by individual teachers or by the NEAB on behalf of a group of teachers as provided in SECTION 3. No individual bargaining unit member can pursue a grievance, other than the informal, verbal grievance referred to in Step 1 (paragraph 2 1), without the express written consent of the NEAB. The NEAB shall signify its consent to pursuit of the grievance by having the President or grievance chair sign the written grievance document. If at any step of the grievance process where a written grievance is required and no NEAB signature appears, the grievance is deemed null and void and the Committee has no obligation to act on it.

SECTION 2. Grievance Procedure

The following procedure shall apply for the presentation and disposition of all grievances.

2.1 Step 1: A teacher shall first discuss the grievance informally with their Principal. If the issue is not resolved during informal discussion it may be presented to the Principal as a formal grievance in writing. Within ten (10) days of presentation of a written grievance, the Principal will answer it in writing.

2.2 Step 2: If the teacher is not satisfied with the disposition of their grievance at Step 1, or if no decision has been rendered within ten (10) calendar days after formal presentation of the grievance, they may file the grievance in writing with the Superintendent within ten (10) days of the receipt of the decision of the Principal or within ten (10) days of the expiration of the time provided for the rendering of a decision by the Principal in Step 1 if no decision has been rendered The Superintendent shall meet with the aggrieved teacher within ten (10) days after the receipt of the written grievance If the grievance cannot be amicably resolved, the Superintendent will render a decision in writing within ten (10) days of the first meeting with the aggrieved teacher unless mutually agreed to extend for a specific period.

2.3 Step 3: If the aggrieved teacher is not satisfied with the disposition of their grievance at Step 2, or if no disposition has been rendered within the time prescribed in Step 2, they may file the grievance in writing with the School Committee within ten (10) days of the receipt of the decision of the Superintendent or within ten (10) days of the expiration of the time provided for the rendering of a decision by the Superintendent in Step 2, if no decision has been rendered The teacher shall have the right to appear before the School Committee within ten (10) days of the filing of their grievance with the School Committee The School Committee shall render a decision in writing within twenty (20) days from the hearing of the grievance with the School Committee.

2.4 Step 4: If the NEAB is not satisfied with the disposition of the grievance at Step 3, or if no decision is rendered within twenty (20) days from the hearing of the grievance with the School Committee, NEAB may appeal the decision of the Committee or its lack of action directly to arbitration, which shall be binding.

All submissions to arbitration must be made within thirty (30) days of the School Committee's decision, or lack thereof. The parties will be bound by the Voluntary Labor Arbitration Rules of the American Arbitration Association.

The Arbitrator may not make any additions or deletions to the terms of this Agreement. The parties may utilize the services of the Labor Relations Connection or the American Arbitration Association.

SECTION 3. If a grievance affects a group or class of teachers in more than one building, the NEAB, through a representative or a committee, may submit such grievance in writing to the Superintendent and the processing of such grievance will be commenced at Step 2. The NEAB may process such a grievance through all steps of the grievance procedure.

SECTION 4. The NEAB shall have the right to be represented at all levels of the grievance procedure, whether or not requested by the grievant.

SECTION 5. No reprisals of any kind will be taken by the School Committee against any party in interest or representative of the NEAB or any other participant in the grievance procedure by reason of such participation.

SECTION 6. Teachers shall not lose any compensation for time spent at grievance hearings. Grievances will be processed after the workday or at other times that do not interfere with assigned duties. To the extent possible, hearings will be held after school hours.

SECTION 7. A grievance must be initiated within twenty (20) days of the occurrence of the cause for complaint or if neither the aggrieved teacher nor the NEAB had knowledge of said occurrence at the time of its happening, then within twenty (20) days of the first such knowledge by either the aggrieved teacher or the NEAB. Any grievance not filed or appealed to a higher level within the time limits provided for in this Agreement, shall be conclusively waived by reason of failure to process within the time limits provided. If a grievance decision is not received within the prescribed time limits, it may then be appealed to the next level.