ARTICLE X GRIEVANCE PROCEDURE

East Providence School District

10.1 Purpose

Good morale is maintained as problems arise, by sincere efforts of all persons concerned, to work toward constructive solutions in an atmosphere of courtesy and cooperation. 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. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

Nothing herein contained will be construed as limiting the right of any individual having a grievance to discuss the matter informally with any appropriate member of the administration and having the grievance adjusted, provided the adjustment is consistent with the terms of this Agreement.

10.2 Definitions

A “grievance” shall mean any complaint by a teacher or the Association that there has been a violation, misinterpretation, or inequitable application of any of the provisions of this Agreement, except that the term “grievance” shall not apply to any matter as to which (1) the method of review is prescribed by law, or (2) the Committee is without authority to act.

An “aggrieved person” is the person or persons making the claim. A “party in interest” is the aggrieved person or persons making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim.

10.3 Procedure

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. In the event a grievance is filed on or after June 1, which 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 so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as is practicable.

In the event a grievance is filed so that sufficient time as stipulated under all levels of the procedure cannot be provided before the last day of the school year, should it be necessary to pursue the grievance to all levels of appeals then said grievance shall be resolved in the new school term in September under the terms of this Agreement and this Article, not under the succeeding Agreement.

STEP ONE - An aggrieved person shall submit his/her grievance to the Association’s PR & R Committee for the purpose of information. The grievance will then be discussed with the aggrieved person’s principal or immediate supervisor with the objective of resolving the matter informally, at which time the aggrieved person (1) may discuss the grievance personally, (2) may request that the Building Representative accompany him/her, or (3) may request that the Building Representative act in his/her behalf. Ten (10) school days after notification of the person’s principal or immediate supervisor, the aggrieved person may opt to skip Step One and proceed to Step Two. Provided, however, the grievance must be presented in writing to the principal no later than forty-five (45) school days from the time the employee knew or should reasonably have known of the action or event giving rise to the grievance, or it shall be deemed waived.

All communications at STEP ONE shall be oral. Before making final decision the immediate supervisor is encouraged to consult up the supervisory line, and the Building Representative is encouraged to consult up the Association Channel.

STEP TWO - If the teacher is not satisfied with the disposition of his/her grievance at STEP ONE, or if no decision has been rendered within five (5) school days after the presentation of the grievance, he/she may present his/her grievance in writing to the Principal. A hearing on such a grievance shall be held by the principal within five (5) school days of receipt of such written communication, to which the chairman of the PR & R Committee will be invited at which time the aggrieved person: (1) may discuss the grievance personally; (2) may request that the building representative accompany him/her, or; (3) may request that the building representative act in his/her behalf. Within five (5) school days after the hearing, the principal shall render a decision in writing to the teacher. Copies of the decision will be sent to the Superintendent and the PR & R Committee.

STEP THREE - If the teacher is not satisfied with the disposition of his/her grievance at STEP TWO, he/she may file the grievance in writing with the Association’s PR & R Committee within five (5) school days after the principal’s written decision. If the PR & R Committee deems the appeal to be meritorious, it will appeal the decision of the principal to the Superintendent. 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. Appeals to the Superintendent shall be heard within ten (10) school days of his/her receipt of the appeal. Written notice of the time and place of the hearing to the aggrieved teachers, the Chairman of the PR & R Committee and the principal previously involved in the grievance. Within ten (10) school days of hearing the appeal, the Superintendent shall communicate to the aggrieved teacher and all other parties officially present at the hearing his/her written decision, which shall include supporting reasons. A copy of the decision shall be sent to the Chairman of the PR & R Committee.

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 his/her salary has been miscalculated, shall be filed directly with the Supervisor of Accounts under the Superintendent of Schools. The Superintendent shall conduct a hearing on such grievance within fifteen (15) school days and shall render his/her decision in writing within ten (10) school days after concluding the hearing.

STEP FOUR - A grievance dispute which is not resolved at the level of the Superintendent under the grievance procedure herein may be submitted by the aggrieved employee or the Association 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  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 manner unreasonably inconsistent, with the general practice followed throughout the school system in similar circumstances.

Provided the Association and the Superintendent agree, Step 1 and/or Step 2 of the Grievance Procedure may be bypassed and the grievance brought directly to the next step. Class grievances involving more than one principal, and grievance involving an administrator above the building level, may be filed by the Association at Step 3.

The proceedings shall be initiated by filing with the Superintendent and the Labor Relations Connection (or any other entity that the parties agree to) a notice of arbitration. The notice shall be filled within ten (10) school 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) school days following the expiration of the fifteen (15) school 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.

Within ten (10) school days after such written notice of submission to arbitration, the Superintendent and the Association 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 Labor Relations Connection (or other entity) by either party.

The parties will be bound by the Voluntary Labor Arbitration Rules of the Labor Relations Connection (or the American Arbitration Association) regardless of how the arbitrator is selected; except that neither the Committee nor the Association 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.

The arbitrator shall limit his/her decision strictly to the application and interpretation of the provisions of this Agreement and it shall be binding upon all parties involved. However, he/she shall be without power and authority to make any decisions:

1. Contrary to, or inconsistent with, or modifying or varying in any way, the terms of this Agreement or of applicable law or rules or regulations having the force and effect of law.

2. Involving Committee discretion or Committee policy under the provisions of this Agreement, except that he/ she may decide in a particular case, involving Committee discretion or policy, or whether or not the Committee applied such discretion or policy discriminately, i.e., in a manner unreasonably inconsistent with the general practice followed throughout the school system in similar circumstances.

3. Limiting or interfering in any way with the powers, duties and responsibilities of the Committee, applicable law and rules and regulations having the force and effect of law.

The costs for the services of the arbitrator will be borne equally by the Committee and the Association.

10.4 General Provision as to Grievances and Arbitration

The filing of pendency of any grievance under the provisions of this Article shall in no way operate or impede, delay or interfere with the right of the Committee to take action complained of, subject, however, to the final decision on the grievance.

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 Association if the adjustment is not inconsistent with the terms of this Agreement; except that no grievance may be submitted to arbitration without the consent of, and representation by, the Association.

Any party in interest may be represented at all stages of the grievance procedure except arbitration by a person of his/her own choosing except that he/she may not be represented by a representative or an officer of any competing teacher organization. When a teacher is not represented by the Association, the Association shall have the right to present and to state its views at all stages except STEP ONE of the Grievance Procedure.

The sole remedy available to any teacher for any alleged breach of this Agreement or any alleged violation of his/her rights hereunder will be pursuant to the grievance 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/her rights hereunder, such election will bar any further or subsequent proceedings for relief under the provisions of this Article.

Failure at any step of this procedure except STEP ONE to communicate the decision in writing on a grievance within the specified time limits 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 shall be deemed to be acceptance of the decision rendered at the step.

The time limits specified in any step of this procedure may be changed in any specific instance by mutual agreement.

All documents, communications and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants.

Forms for processing grievances will be jointly prepared by the Superintendent and the Association. The forms will be printed by the Committee and given appropriate distribution by the parties so as to facilitate operation of the grievance procedure.

The Association 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 any arbitrator, and the Committee agrees that it will apply to all substantially similar situations the decision of an arbitrator sustaining a grievance.

In the course of investigation of any grievance, representatives of the Association will report to the Principal of the building being visited and will state the purpose of the visit immediately upon arrival.

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.

If any member of the Association’s PR & R Committee is a party in interest to any grievance, he/she shall not serve as the Association’s grievance representative in the processing of such grievances.

It will be the practice of all parties in interest to process grievances after the regular workday or at any other times which do not interfere  with assigned duties; provided, however, that upon mutual agreement by the aggrieved person, the Association, and the Committee to hold proceedings during regular working hours, the grievant and the appropriate Association representative will be released from assigned duties without loss of pay.

The Association shall appoint one (1) representative for each building  who shall  act  in all  grievance  cases within  his/her school. The Association agrees to furnish the Committee with the complete list of such representatives by December 1st of each year. The Association shall have the right to designate the same individual as its representative in one (1) or more schools, or to substitute a different representative for the one (1) originally designated as its representative for a particular school, provided such substitution is made in writing to all parties in interest.

No reprisals of any kind will be taken by the Committee or by any member of the Administration against any party in interest, or any School Representative in the grievance procedure by reason of such participation.