Section 1: Definition
A.  A grievance is a complaint involving an alleged violation, misinterpretation or misapplication of the language of this agreement between the parish school and the Confederation. A second definition of a grievance is any inequity, misinterpretation or misapplication of any policy or rule which adversely affects a member of this bargaining unit. When this type of concern occurs, the grievance procedure ends with step 4F.

B.  A grievant is a person or persons making this claim.

C.  The limits, in days, under each section of this procedure shall be counted as calendar (working) days excluding weekends, holidays and vacation days as delineated by the diocesan calendar(s). The number of days indicated at each step shall be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent, in writing, by both the parish school and the Confederation.

Section 2:  Informal Procedure
It should be the intention of all parties to make a sincere effort to settle all alleged grievances on a voluntary and informal basis. The informal procedure shall exist for a twenty (20) day period beginning with the day of the act or condition which caused the grievance.

A. Step 1
The grievant shall first discuss the matter with the principal/director or administrator concerned within ten (10) days of the act or condition that caused the grievance could have been commonly known.
 

B. Step 2
If the grievance is not resolved with the principal/director, the grievant shall then discuss the matter with the pastor or representative of the juridic person. This discussion shall take place within ten (10) days after the expiration time for the informal discussions with the principal/director.

The parties expressly agree that the statements made during the informal discussion may not be quoted by the opposing party during the formal proceedings. This provision is not intended to preclude the use of this information if it is obtained from other sources or on another occasion.

Section 3: Formal Procedure

A.     Step 3
If the teacher or principal/director is not satisfied with the decision of the pastor/representative of the juridic person, he/she will have five (5) working days, after the meeting with the pastor/representative of the juridic person, to request a meeting to be held with the superintendent or his designee, teacher, pastor/representative of the juridic person and principal/director to discuss the grievance. The superintendent or designee will issue his decision, in writing, to the teacher, pastor/representative of the juridic person and principal/di rector within five (5) working days after the meeting.

B.     Step 4
If the grievance has not been resolved informally with the principal/director or pastor/representative of the juridic person, the grievant shall have five (5) working days, after the conclusion of the informal procedure, to submit an appeal, in writing, to the principal/director and superintendent for the creation of a grievance appeal panel consisting of one member designated by the principal/director, one member designated by the teacher and one member mutually agreed upon by the two already designated members.

C.  Within seven (7) days of the request for the creation of the grievance appeal panel, the teacher and the principal/director will advise the other party, in writing, of the members each designated. Within seven (7) days of such designation, the appointed members of the grievance appeal panel will attempt to agree upon a third member.

D.  Upon failure to agree on the third member in the manner stipulated in C, the third member shall come from a mutually agreed upon list. The principal/director and/or pastor and the teachers shall compose this list of ten (10) people.

E.  A name from the list referred to in D will be drawn until a willing member is chosen. The third member must be chosen within twenty-one (21) days of the initial request for the creation of the grievance appeal panel.

F.  The grievance appeal panel shall meet and hear the dispute, at a mutually agreeable time and place, within ten (10) days of their selection. Within seven (7) days of the close of the hearing, the grievance appeal panel shall render an opinion, by certified mail, to the principal/director and teacher. The cost of the third member of the panel shall be split between the teacher and the office of Catholic Schools. Each party to the grievance is responsible for the cost of his/her own legal counsel during the entire grievance process.

G. Step 5
If either party is not satisfied with the decision of the grievance appeal panel, then arbitration may be pursued. If arbitration is to be pursued, within seven (7) days of the receipt of the grievance appeal panel decision, an impartial arbitrator from the American Arbitration Association will be selected by the parties in accordance with the rules of the American Arbitration Association. The cost of arbitration shall be paid by the school if the pastor/principal/director loses and shall be paid by the teacher if he/she loses. The decision of the arbitrator shall be final and binding.
 

Section 4: Miscellaneous Provisions

A.  The grievance appeal panel and the arbitrator shall have no authority to render any decision which adds to, conflicts with or alters any provision of this contract.

B.  The teacher has a right to have a representative of the Confederation present at a meeting with the school administration if he/she believes that disciplinary action may follow. This right is not solely limited to grievances.

C.  The purpose of the meeting should be stated/clarified, in a discrete manner, at time of initial contact.
 

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