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Bob Cecchini Grievance Chair |
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Article 2
Individual Grievance Procedure
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2-1 To promote to the
highest possible degree of harmonious employer/employee
relations, it is essential that procedures to resolve
grievances be established.
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2-2 A grievance may be
considered to exist when an employee believes that an
administrative procedure or policy adversely affects
his/her working conditions or his/her welfare or
violates the terms of this Agreement or any subsequent
Agreement entered into pursuant to this Agreement
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2-3 In the wording of
this statement of procedures, the term "employee"
shall be taken to include all members of the
bargaining unit.
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2-3.1 Any aggrieved
person may be represented at any stage of the
grievance procedure by a representative selected or
approved by the Association.
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2-4 Any employee shall
have the right to present his/her grievance through
the steps described in the following paragraphs with
assured freedom from restraint, interference,
coercion, discrimination, or reprisal. |
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2-4.1 STEP I: Any employee who
has a grievance shall first advise his/her principal
(or immediate superior or department head, if
applicable) in writing of its existence. The writing
shall indicate that Step I of the grievance
procedure has been initiated. The principal shall
meet with the employee within three (3) school days
in an attempt to resolve the grievance at this
level. Within three (3) school days after the
discussion, the principal (or immediate superior or
department head, if applicable) shall orally make
known his decision to the employee. Should
discussion at this level result in an unsatisfactory
resolution, the employee may present his/her
grievance within five (5) calendar days to the
Grievance Evaluation Team of the JCEA. The JCEA
Grievance Evaluation Team will render a decision
within seven (7) calendar days of receipt of the
grievance. If the decision is that the grievance has
no merit, the person involved will be so notified,
in writing, by the chairperson of the JCEA Grievance
Evaluation Team. |
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2-4.2 STEP II: If the decision of the JCEA
Grievance Evaluation Team is that he grievance does
have merit, it shall, within the 12-calendar day
period referred to STEP I above, present a written
statement of its position on the matter to the Human
Resources Department and to the aggrieved. This
statement must include reference to the specific
remedy sought by the grievant. The employee in
further discussion of his/her grievance, may at this
step, be accompanied and assisted by not more than
two (2) representatives of the Association,
designated by the JCEA Grievance Evaluation Team.
The Human Resources Department shall hold a meeting
upon request of the JCEA Grievance Evaluation Team
and render a written decision within five (5) school
days of receipt of the written statement from the
JCEA Grievance Evaluation Team. The Human Resources
Department's decision shall be prepared in
triplicate; one (1) copy to the employee, one (1)
copy to the JCEA Grievance Evaluation Team, and one
(1) copy to the State District Superintendent.
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2-4.3 STEP III: If the
grievance is not resolved to the satisfaction of the
JCEA at the level of STEP II, the JCEA may appeal
within ten (10) calendar days, to the State District
Superintendent and School District Counsel in a
written statement, setting forth details and grounds
on which the grievance is based and attaching all
pertinent documents. The State District
Superintendent and School District Counsel shall
confer with the parties concerned, within four (4)
calendar days. The State District Superintendent and
School District Counsel shall then, within six (6)
school days, render their decision. A written
statement of this decision, and all supporting
reasons shall be sent to the aggrieved, to the Human
Resources Department and the JCEA Grievance
Evaluation Team. |
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2-4.4 STEP IV: If the JCEA is
not satisfied with the disposition of the grievance
at STEP III, the JCEA shall have the right to
request arbitration pursuant to the rules and
regulations established by the Public Employment
Relations Commission. A request for arbitration
shall be made not later than fifteen (15) school
days after the disposition of the grievance at STEP
III. |
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2-4.5 The arbitrator shall proceed
with the hearing and submit a written decision in
the shortest possible time setting forth his
findings of fact, reasoning and conclusions on the
issue (s) submitted. The decision of the arbitrator
shall be submitted to the School District and the
Association and shall be final and binding on both
parties. The arbitrator shall be without power to
alter, amend, or modify the terms of the Agreement.
In addition, the arbitration shall be final and
binding on both parties. The arbitrator shall be
without power or authority to make any decision
which requires the commission of an act prohibited
by law or which is violative of the terms of this
Agreement. The cost of arbitration shall be paid by
the unsuccessful party. |
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2-5 An aggrieved employee shall
institute action, under the provisions hereof within
fifteen (15) school days following the occurrence.
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2-6.1 An employee whose grievance has
been deemed to be3 without merit by the JCEA
Grievance Evaluation Team shall retain the right of
written appeal to the State District Superintendent. |
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2-6.2 Should circumstances
necessitate hearings or discussion of a grievance
during school hours, there shall be no loss of pay
suffered by reason thereof by the aggrieved or
his/her representatives, if they should be employees
of the School District. |
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2-6.3 In the event no decision is
forthcoming within prescribed time limits at any
step, the aggrieved may, upon notice, proceed to the
next step. |
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2-6.4 Any of the time limits
specified may be extended by mutual agreement. |
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2-6.5 In the event a grievance is
brought up for consideration at the end of a school
year, and if the principal (or immediate superior or
department head, if applicable) is not available
after the closing of school for procedures outlined
in STEP II, the JCEA may proceed directly to STEP
III, if the JCEA Grievance Evaluation Team contends
that there is merit to the matter. |
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2-7 The function of these procedures
is to assure equitable and proper treatment under
existing rules, policies, procedures, and
contractual agreements which relate to or affect the
employee. They are not to be used for changing
existing rules, policies, procedures, and
contractual agreements or for establishing new ones. |
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2-8 I, in the judgment of the JCEA
Grievance Evaluation Team, a grievance affects a
group or class of teachers, the Grievance Evaluation
Team may process such a grievance through all levels
of the grievance procedure, even though the
aggrieved person does not wish to do so. However, in
the event the group or class is composed of
grievants in more than one school, the grievance
will start at Step II. |
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2-9 No meetings or hearings under
this procedure shall be conducted in public and
shall include only such parties in interest and
their designated or selected representatives. |
