SECTION A GENERAL
1. A "grievance" is a complaint that there has been a violation, misinterpretation, or improper application of any provisions of this Agreement.

2. During the normal school year, "day" is defined as school day. Outside of the normal school year (summer vacation), "day" is defined as a calendar day.

3. A representative of the Association shall be given the opportunity to be present at any stage of the grievance process. The Association shafl have the right to initiate a grievance for any teacher, or on its own behalf.

4. 'The parties expect that good faith observance, by their respective representatives will result in settlement or withdrawal of grievances at, the lowest possible step and recognize their obligation to achieve that end.

5. The failure of the grievant at Step 1, or the Association thereafter, to meet the , rescribed time limits of any step of this procedure, including arbitration, shall be considered as a waiver of the grievance.

6. The failure of the Employer, or any of its representatives, to meet any time limit specified at any step of the grievance procedure shall automatically advance the grievance to the next step.

7. The time limits provided in the grievance procedure may be modified by mutual agreement of the Employer and thc Association. Such modifications shall be so stated in writing.

8. Grievances resulting from any Diocesan policies or actions may be initiated at Step 2 of the grievance process.

9. It is the intent of both parties to make a determined and sincere attempt to resolve all differences on a voluntary and informal basis. Informal discussions may take place for a period of as long as ten (10) days from the time of either party first learning of the potential grievance. Informal discussions can be brought to conclusion in two ways:

a. At the end of ten (10) days of informal discussions;
b. After any informal discussion, if either party advises the other in writing that the informal discussions are concluded.

SECTION B STEP 1

1. Any employee who feels aggrieved must present his/her grievance in writing to the principal (or his/her designee) within ten (10) days of the date on which the employee or the Association first learned or may reasonably have been expected to have learned of its cause; or ten (10) days from the date on which informal discussions have been concluded. The employee, if he or she desires, may be accompanied and represented by the Association representative.

2. Upon receipt of the grievance, the principal will notify the Association representative that such a grievance has been filed.

3. The principal shall render a decision in writing, stating the reasons for the decision, no later than ten (10) days after receipt of the grievance. Copies of this decision shall be sent to the Director of Education and the Association.

4. The Association shall be entitled to appeal an adverse decision to Step 2 of the grievance procedure within ten (10) days of the principal's decision. Such appeal shall be in writing, and must include the following:

a. Detailed statement of facts;
b. Contentions of the grievant;
c. Particular contractual provisions involved; and,
d. Remedy sought.

2. The Director of Education or designee will meet with the Association grievance committee as soon as possible, but not later than fifteen (15) days following receipt of the grievance. The grievant shall have the opportunity to be present at any stage of the grievance. The Association Grievance Committee shall consist of the President of the Association and the building representative.

3. In all grievances appealed to Step 2, the grievant shall be represented for all purposes by the Association Representative who shall have the authority to settle or withdraw the grievance as a result of discussion or compromise at this step.

4. At the Step 2 meeting, the Association Representative and the Director of Education or his/her designee shall make a full and detailed statement of facts relied upon, contractual provisions involved, and the remedy sought. Both parties' representatives shall cooperate fully in the effort to develop all necessary facts and the parties' representatives may require the joint interview of
witnesses where desirable to assure full development of all facts and contentions.

5. Any settlement or withdrawal of a grievance at Step 2 shall be in writing, but shall not be a precedent for any purpose.

6. Where agreement is not reached, the Employer's decision shall be furnished to the Association Representative in writing within fourteen (14) days of the receipt of the Employer's Step 2 meeting.

7. The Association may appeal an adverse decision directly to arbitration within fourteen (14) days of the receipt of the Employer's Step 2 decision in accordance with the procedures hereinafter set forth.

SECTION D ARBITRATION
1. A request for arbitration shall be submitted within the specified time limit for appeal. The appeal shall be in writing from the Association to the Director of Education or his/her designee.

2. Upon receipt of the appeal, the Director of Education shall request a list of seven (7) arbitrators from the American Arbitration Association. Each party shall alternately strike three (3) names from the list and the remaining arbitrator shall be selected as the arbitrator.

3. All decisions of the arbitrator shall be final and binding. All decisions of the arbitrator shall be limited to the terms and provisions of this Agreement; and in no event may the terms and provisions of this Agreement be altered, amended, or modified by an arbitrator. All costs, fees, and expenses charged by an arbitrator shall be shared equally by the parties.

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