ARTICLE III GRIEVANCE PROCEDURE

Central Falls School District

Section 1. Definition

1) A grievance is a claim by an employee that he or she has been treated unfairly, or it is a claim that there has been a violation, misinterpretation or misapplication of the provisions of this agreement, established policy or practice. It can be a claim that the employee’s health, safety or liability is jeopardized by conditions which can be corrected by the employer.

2) The aggrieved or grievant is the person (or persons) making the claim.

3) The grievant has the right to:

a.be present at hearings

b.hear testimony given

c.testify in his/her own behalf

d.call others to give testimony

e.question, either personally or through counsel, any person giving testimony

4) A party of interest is any person who might be required to take action or against whom action might be taken in order to resolve the claim.

5) The word teacher shall refer to any professional employee covered under the terms of this contract.

6) Employee shall mean an individual employee, a group of employees having the same grievance, or the Union.

Section 2. Purpose

The purpose of the grievance procedure is to secure, at the lowest possible administrative level, prompt and equitable solutions to the problems which may arise affecting the working conditions of teachers.

Both parties agree that these proceedings will be as informal and confidential as may be appropriate at any level of the procedure.  

Nothing contained herein will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with his immediate superior to have the grievance adjusted without the intervention of the Union, provided the adjustment is not inconsistent with the terms of this agreement and that the Union has been given the opportunity to be present at such adjustment and to state its views.

Section 3. Procedure

All grievances shall be presented at the appropriate level of the grievance procedure not later than fifteen (15) school days from the date the aggrieved party or the union knew or should have known of the matter giving rise to the grievance.

Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement.

In the event a grievance is filed on or after June 1st, which, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school term with every effort being made to resolve the same if possible by July 15th.

The parties agree to a voluntary non-binding grievance mediation process utilizing a mediation professional who is mutually agreed to by the parties and who is not affiliated with the school district. The mediation option shall be at no cost to the parties.

At any time during the grievance procedure, the grievant shall have the right to elect to transfer the grievance to voluntary non-binding mediation. Such transfer shall put the procedure in the following sub paragraphs on hold until the grievance is resolved or the grievant elects to return to the levels set forth below.

A) Level One: Immediate Supervisor

(Level One-A) In an attempt to resolve the matter informally, a teacher with a grievance will first state the grievance and discuss it with his/her principal or immediate supervisor, either directly or through a union building representative.

(Level One-B) Should the matter remain unresolved, the aggrieved may file a written grievance with his/her principal or immediate supervisor, through his/her union representative. The principal or immediate supervisor shall respond to the grievance in writing within five (5) school days of the receipt of the written grievance. A copy of the grievance and the response shall be forwarded to the grievant, the Superintendent, and the Chairperson of the Union’s Grievance Committee.

B) Level Two: Superintendent

a) If the aggrieved is not satisfied with the disposition of his/her grievance at Level One, or if no decision has been rendered within five (5) school days after presentation of the written grievance, the grievant may file the grievance in writing with the Chair of the Union’s Grievance Committee.

b) Such shall be done within five (5) school days after the Level One decision was rendered or fifteen (15) school days after the informal grievance was presented to the principal or immediate superior, whichever is sooner.

c) If the Union’s Grievance Committee deems that the grievance has merit, it shall be referred to the Superintendent within five (5) school days of such a decision. (If the Grievance Committee decides not to process the grievance further, the individual shall be free to proceed on his/her own.)

d) The Superintendent, representing the administration at this level of the process, will meet with the aggrieved within ten (10) school days of the receipt of the written grievance in an attempt to resolve said grievance.

C) Level Three: Board of Trustees of Its Designee

a) If the aggrieved is not satisfied with the disposition of his/her grievance at Level Two, or if no decision has been rendered within five (5) school days after he/she first met with the Superintendent, the aggrieved may file the grievance in writing with the Chairperson of the Union’s Grievance Committee.

b) This shall be done within five (5) school days after the decision of the Superintendent at Level Two, or fifteen (15) school days after the aggrieved has first met with the Superintendent, whichever is sooner.

c) Within five (5) school days after receiving the written grievance at this level, the Grievance Committee Chairperson shall refer it to the Board of Trustees or its Designee if the Union’s Grievance Committee deems that the grievance has merit.

d) Within ten (10) school days after receiving the written grievance, the Board of Trustees or its Designee will hold a hearing with both sides present for the purpose of resolving the grievance.

e) The ultimate decision on the grievance at Level Three will be rendered by the Board of Trustees or its Designee at a regular or special meeting.

At any step above the aggrieved shall have the right to be represented and accompanied by union representative(s) and/or legal counsel at the expense of the aggrieved.

D) Level Four: Arbitration

a) If the aggrieved is not satisfied with the disposition of this grievance at Level Three, or if no decision has been rendered within ten (10) school days after he/she has first met with the Board of Trustees or its Designee, the aggrieved may within five (5) school days after a decision by the Board of Trustees or its Designee or fifteen (15) school days after he/she first met with the Board of Trustees or its Designee, whichever is sooner, request in writing to the Chairperson of the Grievance Committee to submit his/her grievance to arbitration.

b) If the Grievance Committee determines that the grievance is meritorious and that submitting to arbitration is in the best interest of the Central Falls School District, it may submit the grievance to The American Arbitration Association or the Labor Relations Connection within fifteen (15) school days after receipt of a request by the aggrieved person. The Central Falls Teachers’ Union shall notify the Board of Trustees in writing that it is submitting said grievance to arbitration.

c) All arbitration hearings will be conducted in accordance with the rules and procedures of the American Arbitration Association or the Labor Relations Connection. The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of facts, reasoning and conclusions on issues submitted. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of this agreement. The decision of the arbitrator will be submitted to the District and to the Union and will be final and binding on both parties.

Section 4. General Provisions

a) Formal decisions rendered on Levels Two and Three will be in writing, setting forth the reasoning thereof and forwarded to the parties of interest. Decisions at Level Four will be in accordance with Level Four, Part C of the grievance procedure. The Union will receive copies of all decisions made at each level.

b) The District reserves the right to institute a grievance based on a violation of the contract. The same rights of arbitration listed in Level Four of the grievance procedure shall be applicable.

c) Failure to communicate a decision at any step of the grievance procedure within the specified time limits shall permit the aggrieved to proceed immediately to the next step. Failure to appeal at any step within the specified time limits shall be considered acceptance by the aggrieved of the decision rendered, and such decision shall thereafter be binding upon the aggrieved. Time limits at any step may be extended by mutual agreement between the Union and the Superintendent.

d) The arbitrator may hear and decide more than one grievance in each case. The arbitrator shall be bound by and must comply with all the terms of this agreement. The arbitrator shall have no power to add to, delete from or modify in any way the provisions of this agreement. The arbitrator shall have the power to make appropriate compensatory awards. The decision of the arbitrator shall be binding upon both parties and all employees during the life of this agreement, unless the same is contrary to law or procured by fraud. Fees and expenses of the arbitrator shall be borne equally by both parties.

e) The aggrieved shall have the option to make all hearings public or private. Both the Union and the District have the right to have legal assistance and/or stenographic assistance at all hearings.

f) Meetings held as part of the grievance procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons to be present. Persons proper to be present are defined as the aggrieved, appropriate union representatives, legal counsel and qualified witnesses. If hearings are held during school hours, persons proper to be present shall be excused from school without loss of pay.

g) Grievances arising from the action of an official of the rank of principal or above may be initiated by the Union with the Superintendent.

h) The Union shall have the right to initiate a grievance of an employee or group of employees at any step of this procedure.

i) The District agrees that it will apply the decisions of arbitration that sustain a grievance to all substantially similar situations. The Union agrees that it will not bring or continue a grievance nor will the Union represent any employees in a grievance denied by the decision of arbitration.

j) Nothing in this contract shall be construed as compelling the Union to submit a grievance to arbitration.

k) No reprisals of any kind shall be taken against any participants in the grievance procedure by reason of such participation.

l) No grievance that is processed without the Union being represented shall be cited as a precedent.

m) An official grievance shall not be placed in the personnel file of any teacher, nor shall such grievance become part of any file records which are utilized in the promotional process; nor shall any such record be used in any recommendation for job placement.