ARTICLE 2 GRIEVANCES

Johnston School Department

Section 1. Definition

A "grievance" shall mean a written complaint by the Federation or by a teacher and the Federation 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. Submission of Grievance

2.1 All grievances shall be submitted in writing to the teacher's principal and/or supervisor and signed by the aggrieved teacher and the Federation on a form provided by the School Committee.

2.2 Such grievances shall be submitted within ten (10) school days after the occurrence of the event which gives rise to the grievance.

2.3 Any grievance which is not filed within ten (10) school days of the date of occurrence shall be deemed waived unless the grievant and the Federation were not aware of the circumstances which gave rise to the grievance.

2.4 In cases where a grievance is initiated during the summer vacation period, the meeting and response time limits listed in levels 1, 2, 3 and 4, shall be weekdays, excluding Saturday, Sunday, and holidays, rather than school days.

Section 3. Grievance Procedure

In order to settle grievances at the lowest possible administration level, the organization and procedure for processing grievances shall be as follows:

3.1 Level One - Principal or Supervisor: Within five (5) school days from receipt of the grievance, the principal shall meet the aggrieved teacher(s) and the Federation representative with the object of resolving the matter. Within five (5) school days after such meeting, the principal shall communicate a decision in writing to the aggrieved teacher(s) and to the Federation.

3.2 Level Two - Superintendent: If the decision of the principal is not satisfactory to the aggrieved teacher(s) and the Federation, said decision may be appealed within five (5) school days to the Superintendent of Schools. The Superintendent of Schools shall arrange a meeting with the aggrieved teacher(s) and the Federation representative within ten (10) school days from the date of receipt of the appeal and shall render a decision within ten (10) school days after such meeting. The decision of the Superintendent of Schools shall be communicated in writing to the aggrieved teacher(s), to the Federation, and to the School Committee.

3.3 Level Three - School Committee: Within five (5) school days after receipt of the Superintendent's decision, the aggrieved teacher(s) and the Federation, if not satisfied with such decision, may appeal to the School Committee. The School Committee shall meet with the aggrieved teacher(s) and the Federation representative and shall render the decision in writing within twenty (20) school days.

3.4 Level Four- - Arbitration: If the decision of the School Committee is not satisfactory to the aggrieved teacher(s) and the Federation, the matter shall be referred to arbitration at the request of the aggrieved teacher(s) and the Federation, as follows:

3.4.1 The Union shall notify the School Committee, within ten (10) school days of the written decision of the School Committee, that it desires to submit the grievance to arbitration pursuant to the Rules of the American Arbitration
Association.

3.4.2 The arbitrator shall render his/her decision within thirty (30) school days after hearing the grievance. Said decision shall be in writing with copies sent to all of the parties to the arbitration.

3.4.3 The cost of said arbitration shall be borne equally by the School Committee and the Federation.

3.4.4 The decision of the arbitrator shall be final and binding on all matters

3.4.5 The arbitrator shall not be bound by formal rules of evidence. However, the right to cross-examine witnesses shall be maintained.

3.4.6 The arbitrator shall:

a) have no authority to amend or modify the terms or conditions of this Agreement.

b) consider and render decisions with respect to the specific issue(s) submitted

c) have the authority to fashion an appropriate remedy, in the event he/she finds a violation of the terms or conditions of this Agreement.

Section 4. General Grievance

The Federation shall have the right to initiate and process grievances generally involving the bargaining unit. When said general grievances involving the bargaining unit are filed, they may be filed with the Superintendent of Schools, who shall meet with representatives of the Federation within ten (10) school days after receipt of such grievances. The Superintendent shall render his/her decision, in writing, within seven (7) school days after such meeting and shall send a copy of said decision to the Federation. If the Federation is not satisfied with the decision of the Superintendent, it shall have the right to appeal to the School Committee in a manner provided for in Section 3.3 hereof; and further, to request Arbitration as provided for in Section 3.4, hereof

Section 5. Miscellaneous Provisions

5. 1 The time limits specified herein may be extended by mutual agreement between the parties in writing.

5.2 If hearings are held during school hours, the aggrieved teacher(s) and the representative of the Federation who may be attending such hearings shall not suffer any loss of pay for attendance at such hearings.

5.3 No aggrieved teacher(s) may be represented at any hearing or meeting except by the President or his designee.

5.4 Both the Federation and the School Committee shall have the right to obtain legal assistance and/or stenographic assistance at all meetings and hearings at their own expense.

5.5 Nothing in this Agreement shall be construed to prevent the School Committee and the Federation from using a different method than set forth herein for settling grievances or conducting arbitration in individual cases; provided, however, that the parties agree thereto in writing.

5.6 Both parties recognize that the aggrieved has a right to a speedy disposition of the grievance. When the authority at any level has no jurisdiction over the area of the grievance, that level shall be by-passed and the grievance appealed to the level having jurisdiction over said grievance.

5.7 Nothing in this Agreement shall be construed as compelling the Federation to submit a grievance to arbitration.

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