ARTICLE VI GRIEVANCE PROCEDURE
Cranston School District
A. Definitions
1. A "grievance" shall mean a complaint by a teacher or the Alliance (1.) that there has been as to him/her or to it, a violation or inequitable application of any of the provisions of this contract or (2.) that he/she or it has been treated inequitably by reason of any act or condition which is contrary to established School Committee policy or practice governing or affecting employees, except that the term "grievance" shall not apply to any matter as to which the School Committee is without authority to act.
The failure or refusal by the Committee to grant tenure or to renew the contract of a non-tenure teacher shall not be the subject of grievance or arbitration under this Article.
2. An "aggrieved person" is the person or persons making the complaint.
3. A "party in interest" is the person or persons making the complaint and any person who might be required to take action or against whom action might be taken in order to resolve the complaint.
4. The term "days" when used in this article shall, except where otherwise indicated, mean working school days; thus, weekend or vacation days are excluded.
B. Purpose
The Purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise, affecting the welfare or working conditions of teachers. Both parties agree that grievance proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
C. General Procedure
1. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered a maximum, and every effort should be made to expedite the process. The time limits specified may, however, be changed by mutual agreement.
2. In the event a grievance is filed on or after June 1, which if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the parties agree to make a good faith effort to reduce the time limits set forth herein so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as is practicable. A grievance should be filed within three calendar weeks of the date of its occurrence or at the end of the school year, whichever is later.
3. The grievance may, by mutual agreement, be continued during the summer, using administration days as school days for the purpose of calculating time limitations.
4. The President of the Alliance shall appoint one (1) or more representatives who shall process all grievance cases in the bargaining unit. The Alliance agrees to furnish the Committee with a list of the names of such representatives. Assignment of grievance cases shall be made at the discretion of the President.
5. At all levels of a grievance after it has been formally presented, at least one member of the Alliance's Grievance Committee shall attend any meetings, hearings, appeals, or other proceedings required to process the grievance.
6. Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted without intervention of the Alliance provided the adjustment is not inconsistent with the terms of this Agreement.
7. A grievance shall not be submitted for decision to any administrative personnel who are themselves members of the negotiating unit. Where administrative personnel are named in the grievance procedure to receive grievances and they are members of the negotiating unit, the grievance shall be submitted to the next higher authority who is not a member of the negotiating unit.
D. Initiation and Processing
1. Level One
A teacher with a grievance will first discuss it with his/her principal or immediate superior, either individually or through the Alliance's school representative, or accompanied by the Alliance's representative, or by a representative of his/her own choosing with the objective of resolving the matter informally.
2. Level Two
a. Any teacher may present a grievance within twenty (20) days following the act or condition which is the basis of his/her complaint, to the Chief Human Resource Officer or his/her designee. Information copies of the grievance shall be sent by the teacher to the representative of the Alliance, and to the Superintendent. The hearing on such grievance shall be held by the Chief Human Resource Officer or his/her designee within twenty (20) days of receipt of such written communication.
Within five (5) days after hearing of the grievance at the level specified above, the person hearing the grievance shall make his/her decision in writing and mail it to the grievant and to all persons officially present at the hearing as well as the building principal and Superintendent.
b. If the aggrieved employee has instituted his/her grievance with a person other than the principal, he/she may appeal the decision on such grievance to his/her building principal. Such appeal shall be made in writing within ten (10) days from the date of receipt of the written decision rendered by the administrator to whom it was initially submitted. The appeal shall include a copy of the decision being appealed and the grounds for regarding the decision as incorrect. It shall also state the names of all persons officially present at the prior hearing, and such persons shall receive a copy of the appeal. A hearing on the appeal shall be held within fifteen (15) days of receipt of the appeal, and the building principal shall render his/her decision within ten (10) days thereafter. At least five (5) days prior to the hearing on the appeal, the principal shall notify persons present at the prior hearing of the time and place of the appeal.
c. In any situation in which a teacher does not serve under the administrators listed in (a) above, or if the teacher's grievance is based upon an act or condition for which the building principal is responsible, the teacher shall submit the grievance to the principal of the building in which the act or condition occurred. Such grievance shall be presented in writing within ten (10) days following the act or condition which is the basis of the complaint. The hearing on such grievance shall be held by the principal within twenty (20) days of receipt of such written communication.
Within five (5) days after hearing of the grievance by the principal, a decision shall be made in writing and mailed to the grievant, all persons officially present at the hearing, and the Superintendent.
3. Level Three
a. Within ten (10) days of receipt of the decision rendered by the Chief Human Resource Officer or designee pursuant to Section 2 above, the decision of the Chief Human Resource Officer or designee in regard to such appeal may be further appealed to the Superintendent or to the person designated by the Superintendent to act in his/her behalf for this appeal.
b. Appeals to the Superintendent shall be heard by the Superintendent within twenty (20) days of his/her receipt of the appeal. Written notice of the time and place of hearing shall be given five (5) days prior thereto to the aggrieved employee, a representative if any, the Alliance grievance representative, the Chairperson of the Grievance Committee, and any administrator who has heretofore been involved in the grievance.
c. Within fifteen (15) days of hearing this appeal, the Superintendent of Schools shall communicate to the aggrieved employee and all other parties officially present at the hearing a written decision, which shall include supporting reasons therefore. A copy of the decision shall be sent to the Chair of the Grievance Committee.
4. Special Procedures for Salary or Leave Related Grievances
a. Any grievance based on a complaint that the employee has been placed in the wrong salary schedule or step or that he/she has been improperly denied an increment, or that their salary has been miscalculated, shall be filed directly with the Chief Human Resource Officer. Any grievance based upon a complaint by an employee as to an absence refund, sabbatical leave, or leave of absence without pay, shall be filed directly with the Chief Human Resource Officer. Any such grievance shall be filed within twenty (20) days after the grievance arises. The Chief Human Resource Officer or his/her designee shall conduct a hearing on such grievance within twenty (20) days and shall render a decision in writing within five (5) days after concluding the hearing.
b. The decision of the Chief Human Resource Officer or designee, to whom a grievance is presented, as herein above set forth, may be appealed to the Superintendent in writing within fifteen (15) days of the date of the decision appealed. The Superintendent shall conduct a hearing on said appeal (See Section 5c below) within twenty (20) days of receipt of such appeal and shall render a decision in writing within ten (10) days after concluding such hearing.
5. Initiation of Special Types of Grievances
a. Where ten (10) or more members of the negotiating unit in more than one school, or a group of special teachers from several buildings, have a grievance arising from the action of authority higher than a principal, the Chairman of the Grievance Committee, in the name of the Alliance on their request, may initiate a group grievance in their behalf within twenty (20) days after the grievance arises. In such case a written grievance may be filed originally with the Chief Human Resource Officer.
b. The Alliance shall have the right to initiate or appeal a grievance growing out of an alleged violation of Alliance rights under this contract. Any such grievance shall be initiated by filing the written grievance in the first instance with the Chief Human Resource Officer within twenty (20) days after the grievance arises. A hearing on such a grievance shall be held within twenty (20) days of its filing.
Any appeal from the decision of the Chief Human Resource Officer or designee shall be made directly to the Superintendent of Schools in writing within ten (10) days of the date of the decision appealed from.
c. Appeals to the Superintendent or grievances filed originally with him/her under this Article shall be heard by the Superintendent within twenty (20) days of the receipt of the appeal or grievance. Written notice of time and place of hearing shall be given five (5) days prior thereto to the Chair of the Grievance Committee and any administrator involved in the grievance. The Superintendent shall render a decision in writing within fifteen (15) days after concluding the hearing.
d. If a grievance is based upon a specific act by the School Committee, and (1) the school administration has no discretion in the administration or application of the act of the Committee; and (2) the Committee act is of such a nature that no further action or implementation by the administration is relevant to whether there has been an actual violation of the grievant's rights under this Agreement, the grievance may proceed to arbitration as set forth below.
6. Arbitration
a. A grievance dispute which is not resolved at the level of the Superintendent under the grievance procedures herein may be submitted by the Alliance as specified herein to an arbitrator for decision if it involves the application or interpretation of this Agreement, except that a grievance concerning any term of this Agreement involving School Committee discretion or Committee policy may be submitted to an arbitrator for decision only if it is based on a complaint that such discretion or policy was applied discriminatorily, i.e., that it was applied in a manner unreasonably inconsistent with the general practice followed throughout the school system in similar circumstances. The decision of the Arbitrator upon an issue made arbitrable under this paragraph shall be final and binding upon the parties.
b. A grievance may not be submitted to an arbitrator unless a decision has been rendered by the Superintendent of Schools under the grievance procedure, except in cases where, upon expiration of the time limit for decision, the Alliance filed notice with the Superintendent of intention to submit the grievance to arbitration and no decision was issued by the Superintendent within fifteen (15) days after receipt of such notice.
c. The proceedings shall be initiated by filing with the Superintendent and the American Arbitration Association a notice of arbitration. The notice shall be filed within twenty (20) days after receipt of the decision of the Superintendent of Schools under the Grievance Procedure, or where no decision has been issued in the circumstances described above, three (3) days following the expiration of the fifteen (l5) day period provided above. The notice shall include a statement setting forth precisely the issue to be decided by the arbitrator and the specific provision of the agreement involved.
d. Within ten (10) days after such written notice of submission to arbitration, the Superintendent and the Alliance will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such commitment within the specified period, a request for a list of arbitrators may be made to the American Arbitration Association by either party.
e. The parties will be bound by the Voluntary Labor Arbitration Rules of the American Arbitration Association regardless of how the arbitrator is selected; except that neither the Committee nor the Alliance nor any grievant shall be permitted to assert any ground in arbitration if such ground was not disclosed to the other parties in interest prior to the decision being appealed to the arbitrator, or to assert any evidence known but not disclosed prior to the decision being appealed.
7. General Provisions as to Grievances and Arbitration
a. No reprisals of any kind will be taken by the School Committee or by any member of the administration or by the Cranston Teachers' Alliance or any member thereof against any party in interest, any representative of the Alliance or any other participant in the grievance procedure by reason of such participation.
b. The filing or pendency of any grievance under the provisions of this Article shall in no way operate to impede, delay, or interfere with the right of the Committee to take the action complained of, subject however, to the final decision of the grievance.
c. Nothing contained in this Article or elsewhere in this Agreement shall be construed to prevent any individual employee from presenting and processing a grievance and having it adjusted without intervention or representation by the Alliance if the adjustment is not inconsistent with terms of the Agreement; except that no grievance may be submitted to arbitration without the consent of, and representation by, the Alliance.
d. Any party in interest may be represented at all stages of the grievance procedure except arbitration by a person of his own choosing, except that he may not be represented by a representative or an of officer of any competing teacher organization. When a teacher is not represented by the Alliance, the Alliance shall have the right to be present and to state its views at all stages except Level I of the grievance procedure.
e. The sole remedy available to any teacher for any alleged breach of this agreement or any alleged violation of his rights hereunder will be pursuant to the grievance procedure; provided, however, that if a teacher elects to pursue any legal or statutory remedy for any alleged breach of this agreement or any alleged violation of his rights thereunder, such election will bar any further or subsequent proceedings for relief under the provisions of this Article. Recourse by a teacher to the grievance procedure shall constitute a waiver of any legal or statutory rights to relief for the act or condition which is the subject of the grievance.
f. Failure at any step of this procedure except Level 1 to communicate the decision in writing on a grievance within the specified time limit shall permit the grievant to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step.
g. All documents, communications, and records dealing with the processing of a grievance will be filed in a confidential file separately from the personnel files of the participants
h. Forms for processing grievances will be jointly prepared by the Superintendent and the Alliance. The forms will be printed by the Committee and given appropriate distribution by the parties so as to facilitate operation of the grievance procedure.
i. The Alliance agrees that it will not bring or continue, and that it will not represent any employee in, any grievance which is substantially similar to a grievance denied by the decision of an arbitrator; and the Committee agrees that it will apply to all substantially similar situations the decision of an arbitrator sustaining a grievance.
j. In the course of investigation of any grievance, representatives of the Alliance will report to the principal of the building being visited and will state the purpose of the visit immediately upon arrival.
k. Every effort will be made by all parties to avoid interruption of classroom activities and to avoid the involvement of students in all phases of the grievance procedure.
l. If any member of the Alliance's Grievance Committee is a party in interest to any grievance, he shall not serve as the Alliance's grievance representative in the processing of such grievance.
m. It will be practice of all parties in interest to process grievances after the regular work day or at other times which do not interfere with assigned duties; provided, however, that upon mutual agreement by the aggrieved person, the Alliance, and the Committee to hold proceedings during regular work hours, the grievant and the appropriate Alliance representative will be released from assigned duties without loss of salary. The Alliance shall have the right to designate one teacher as its Grievance Chair.