ARTICLE 15 GRIEVANCE PROCEDURE

Providence School District

Effective upon the ratification of this Agreement the following Article 15 Grievance Procedure provisions will be applicable.

Purpose: It is the declared objective of the Parties to encourage the prompt and informal resolution of teacher or Union disputes as they arise, and to provide recourse to orderly procedures for the satisfactory adjustment of disputes. Teachers subject to this agreement shall be excused from duty without loss of pay to attend a formal grievance hearing involving their grievance or to attend a scheduled arbitration hearing of their grievance.

Definition: A grievance shall mean a complaint or claim by a teacher or the Union filed with or by the Union that an event or condition exists which represents a violation, inequitable application, misinterpretation of this Agreement; or that the teacher or the Union has been treated inequitably or unfairly by reason of an act or condition which is contrary to established policy or practice governing or affecting teachers or the Union or contrary to established professional ethics and standards.

15-1 Phase I - Mediation

15-1.1 Within five (5) days after the filing of a grievance, a person(s) designated by the Union President and a person(s) designated by the Superintendent of Schools shall attempt to resolve the grievance, in an informal manner, so as to eliminate the necessity of a formal hearing.

If the grievant and the Union are not satisfied with the results of the mediation, the grievance may be submitted to the Superintendent of Schools for a Level I hearing.

15-2 Phase II – Hearings
15-2.1 Level A, Principal
15-2.2 Level B, Superintendent 15-2.3 Level C, Arbitration

15-2.1 Level A – Principal
Any teacher shall submit his/her grievance, in writing, on a Union Grievance Report Form to the designee of the Union.

Within five (5) days after receipt of the grievance, the Union Representative, or the designee of the Union, shall present the grievance to the Principal.

The Principal or his/her designee (as mutually agreed to by the Parties) shall within ten (10) days after receipt of the grievance hold a meeting.

The teacher and the Union Representative will receive at least one (1) day notice of the meeting and the opportunity to be heard. The Principal may have the appropriate administrative personnel present at the meeting.

The Principal shall communicate his/her written decision together with supporting reasons to the Union as soon as possible, but not later than five (5) days after the date of the meeting.

15-2.2 Level B – Superintendent
An appeal of the decision from Level A may be made, in writing, signed by the Union, to the Superintendent within ten (10) days after the decision from Level A has been received. A meeting shall be held within fifteen (15) days after receiving the appeal from Level A. Present at the meeting shall be the teacher and/or the Union. The teacher and the Union shall receive at least two (2) days notice of the meeting and shall have an opportunity to be heard.

The Superintendent and/or the appropriate administrative head with authority to decide the grievance may be present at the meeting to state their views. The Superintendent shall notify the Union, in writing, of his/her decision within five (5) days after the hearing.

15-2.3 Level C - Arbitration

15.2.3.1 A grievance that was not resolved at Level B under the grievance procedure may be submitted by the Union to arbitration. However, prior to submitting said grievance to arbitration the Chief of Human Capital and the Executive Director of the Union will meet and attempt to mediate the grievance within 20 days of the Level B decision. In the event the grievance sis not mediated within 20 days of the Level B decision, the Union shall proceed to arbitration under this section.

15-2.3.2 The arbitration may be initiated by the Union by filing a demand for arbitration with the Labor Relations Connection or the American Arbitration Association. The notice shall be filed not later than twenty-five (25) days after receipt of a decision in writing from Level B of the grievance procedure.

15-2.3.3 The proceedings shall be governed in accordance with the rules and procedures of the Labor Relations Connection or the American Arbitration Association. If the Union agrees with the District to a different method of selecting the arbitrator, or if the parties mutually agree to have the State Board of Education designate the arbitrator to conduct the arbitration, such agreement shall govern the selection of the arbitrator.

15-2.3.4 The decision of the arbitrator shall be final and binding upon the Union and District on all matters except that the arbitrator shall have no authority to add to, subtract from or modify any of the terms and conditions of this Agreement.

15-2.3.5 The District agrees that it will apply to all substantially similar situations the decision of the arbitrator sustaining a grievance; the Union agrees that it will not present any grievance that is substantially similar to a grievance denied by the decision of the arbitrator. The cost of arbitration will be shared equally by the parties.

15-3 General Matters on Grievances

15-3.1 All grievances shall be handled as quickly as possible. The number of days indicated at each level shall be considered maximum and every effort shall be made to expedite the procedure. The time limits specified on any level of this procedure may be extended, in any specific instance by mutual agreement of the Parties, in writing.

15-3.2 Any grievance excluding a continuing grievance which is not presented within twenty (20) school days from the date of occurrence of the grievance or which is not appealed to any of the successive levels within the time limits prescribed herein shall be deemed to have been waived. A failure of a representative of the District responsible to meet and/or to answer a grievance at any of the levels of the grievance procedure within the time limits provided shall constitute a denial of the grievance and the Union may proceed to the next level of the grievance procedure.

15-3.3 All grievance hearings shall be closed hearings and shall be open only if the parties mutually agree.