ARTICLE XXIX GRIEVANCE PROCEDURE

Newport School District

A. Definitions

1. A "Grievance" is hereby defined to mean:

a. A claim by the Association based upon an alleged violation or variation from the provisions of this Agreement or the interpretation, meaning, or application thereof,

b. A claim based upon an event or condition which affects hours, salary, working conditions and other terms of professional employment of a member of the Association covered by this Agreement.

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. Where two (2) or more members of the Bargaining Unit have a grievance, the Chairman of the Grievance Committee, in the name ofTAN, may initiate a group grievance on their behalf. In such case a written grievance may be filed at Level Two.

5. When referred to under this Article, days shall mean school days.

B. Purpose

1. 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 hours, salary, working conditions and other terms of professional employment of teachers. Both parties agree that these procedures will be kept as informal and confidential as may be appropriate at any level of the procedure.

2. 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 Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment and to state its views.

C. Procedure

Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum, and an 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 1, 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 or as soon thereafter as possible.

1. Level One

A teacher with a grievance may first discuss it with his/her principal or, if he/she does not work under a principal, with his/her immediate superior, either directly or through the Association's School Representative, with the objective to resolving the matter informally.

2. Level Two

a. A grievance shall be initiated in writing within thirty (30) days from the occurrence of the event which is the basis of the grievance, or if the aggrieved person does not have knowledge of the grievance until after the occurrence of the event, within thirty (30) days from when the aggrieved person has knowledge of the occurrence of the event which is the basis of the grievance. The grievance shall be filed in writing with the Superintendent.

b.  Within ten (10) days after the receipt of the written grievance by the Superintendent, the Superintendent will convene a hearing with the aggrieved teacher in an effort to resolve the grievance. Within ten (10) days after the hearing of the grievance at this level, the Superintendent shall make his/her decision in writing and mail it to the grievant.

3. Level Three

Within ten (10) days of receipt of the decision rendered by the Superintendent at Level Two, or if no decision has been rendered within fifteen (15) days after the hearing with the Superintendent, the affected teacher(s) may file the grievance in writing with the School Committee. Within fifteen (15) days after receiving the written grievance, the Committee will meet with the aggrieved person(s) to conduct a hearing with the purpose of resolving the grievance. Within ten (10) days after hearing the grievance the School Committee shall render a decision.

4. Level Four

Within thirty (30) calendar days after the decision of the School Committee or within thirty-five (35) calendar days of the hearing, whichever comes first, TAN may submit the grievance in writing to Arbitration. Arbitration shall be initiated by filing with the Superintendent and the American Arbitration Association, a Notice of Arbitration. The Notice shall include a statement setting forth the issue to be decided by the Arbitrator and the provisions of the Agreement involved.

The parties will be bound by the voluntary Labor Arbitration Rules of the American Arbitration Association. The Arbitrator so selected shall decide the grievance except that the Arbitrator shall not have the power to add to, subtract from or modify the express terms of the Agreement.

By mutual agreement, the Expedited Rules of the American Arbitration Association (AAA) shall be used instead of the Voluntary Labor Arbitration Rules.

Alternatively, the parties can agree, by mutual consent, to use the Labor Relations Connection as the service provider for arbitration selection and mediation services.

The Committee and TAN agree to continue the current practice regarding the costs of stenographer and production of transcripts.

5. BYPASS

By mutual agreement, any step of the grievance procedure may be bypassed.

D. Rights of Teachers to Representation

1. No reprisals of any kind will be taken by the School Committee or by any member of the administration against any party in interest, any School Representative, any member of the PR&R Committee, or any other participant in the grievance procedure by reason of such participation.

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

E. Miscellaneous

1. Decisions rendered at Levels Two and Three of the grievance procedure will be in writing setting forth reasons thereof. Said decisions will be transmitted promptly to all parties in interest and to the Chair of the PR&R Committee. Failure of the Committee to respond within the time limits at Level One, Two and Three shall permit TAN to appeal the grievance to the next level.

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

3. All meetings involving grievances shall be held at times, which will permit those concerned to present their case(s).

4 . All proceedings may be private and any disposition shall not be made public without the agreement of all parties.

5.  In any matters outside the provisions of this Agreement, all certified personnel shall be free to exercise their rights according to law.

6.  The fees and the expenses of the arbitrator shall be shared equally by the parties.

7.  By mutual agreement of the Association and the Employer, a grievance may be settled at any step with or without establishing prejudice or precedent.