Section 1 - Definitions

1. A "grievance" shall be defined as a complaint(s) between the Employer and the Association and/or any employee(s) involving only an alleged direct violation(s) of provision(s) of this Agreement.

2. An "aggrieved person" is the person or persons making the claim.

3. A "party in interest" is the person or persons making the claim and any person who might be required to take action or against whom action may be taken in order to resolve the claim.

Section 2 - 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 the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept 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 an 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.

Section 3 - Procedure

1. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement.

2. 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 is practicable.

3. LEVEL ONE - A teacher with a grievance shall discuss the grievance with the Association's member of the professional Rights and Responsibilities Committee (hereinafter referred to as the "PR&R Committee) at his/her school.

4. LEVEL TWO - If the grievance is not disposed of at Level One to the satisfaction of the aggrieved person, the grievance shall be written, dated and shall set forth in general the nature of the grievance and presented to the aggrieved person's principal or immediate superior; either directly by the aggrieved person himself/herself or through the Association's PR&R Committee member, with the objective of resolving the matter informally. The principal or immediate superior shall affix his/her signature to a copy of the grievance which will be given to the Association.

5. LEVEL THREE - (a) If the aggrieved person is not satisfied with the disposition of the grievance at Level Two, or if no decision has been rendered within five (5) school days after presentation of the grievance, the aggrieved person shall reduce his/her grievance to writing and file it with the President of the Association and the Chairperson of the PR&R Committee. Within five (5) school days after receiving the written grievance, the aforementioned President or Chairperson will review the grievance with the aggrieved person, and if after such review the aggrieved person shall so desire, said President or Chairperson shall present the grievance in writing to the Chairperson of the Corporation or his designee.

(b) The Chairperson of the Corporation or his designee will represent the administration at this level of the grievance procedure. Within ten (10) days after receipt of the written grievance the Chairperson of the Corporation or his designee will meet with the aggrieved person and the President of the Association or the Chairperson of the PR&R Committee in an effort to resolve the grievance.

(c) If a teacher does not file a grievance in writing with the President of the Association and the Chairperson of the PR&R Committee and the written grievance is not forwarded to the Chairperson of the Corporation or his designee within thirty (30) school days after the teacher knew or should have known of the act or condition on which the grievance is based, then the grievance will be considered as waived. A dispute as to whether a grievance has been waived under this paragraph will be subject to arbitration pursuant to Level Four.

6. LEVEL FOUR - (a) If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three, or if no decision has been rendered within ten (10) school days after he/she has met with the Chairperson of the Corporation or his designee, the aggrieved person may request within twenty-five (25) days after the meeting with the Chairperson of the Corporation or his designee that the Chairperson of the Association's PR&R Committee or his/her designee submit his/her grievance to binding arbitration. Within five (5) days after receiving such request the Association's PR&R Committee shall meet and if it determines that the grievance is meritorious and that submitting it to arbitration is in the best interests of the Association, it may submit the grievance to binding arbitration. The PR&R Committee will inform the Corporation of its decision within five (5) days by certified mail. (b) Within ten (10) school days after such written notice of submission to arbitration, the Corporation and the PR&R Committee will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the American Arbitration Association by either party. The parties will be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator. (c) The arbitrator so selected will confer with representatives of the Corporation and the PR&R Committee and hold hearings promptly and will issue a decision not later than twenty (20) days from the date of the close of the hearings; or if oral hearings have been waived, then from the date the final statements and proofs are submitted to him/her. The arbitrator's decision will be in writing and will set forth his/her finding of fact, reasoning, and conclusions on issues submitted. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of this Agreement. The decision of the arbitrator will be submitted to the Corporation and to the Association and will be final and binding. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of the agreement. (d) The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the Corporation and the Association.

Section 4 - Miscellaneous

1. No reprisals of any kind will be taken by the Corporation 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. When a teacher is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure.

3. If, in the judgment of the PR&R Committee a grievance affects a group or class of teachers, the PR&R Committee may submit such grievance in writing to the Chairperson of the Corporation or his designee and the processing of such grievance will be commenced at Level Three. The PR&R Committee may process such a grievance through all levels of the grievance procedure even though the aggrieved person does not wish to do so.

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

5. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other

necessary documents will be jointly prepared by the Corporation and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure.

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