GRIEVANCE BREAKDOWN BY UNIT
UNIT A ARTICLE III
GRIEVANCE PROCEDURE
The procedure set forth in this article is to provide a means for the orderly consideration and resolution of those matters which are not, or cannot, be handled to a teacher's satisfaction through normal day to day discussions between teachers, supervisors, and administrators. Said procedure shall be kept as informal and confidential as appropriate to each particular level.
A. DEFINITION AND SCOPE
A grievance may arise from the application of any provision(s) of this Agreement to any teacher, subject to the terms of this Agreement. A grievance shall exist as such, only when designated as such, by a written statement describing the pertinent circumstances, the claim and/or request of the aggrieved, which is dated and signed according to the following procedure:
B. PROCEDURE
Informal discussion of any situation or the interpretation or application of the provisions of this Agreement shall not be designated as a grievance, and any such informal question or complaint shall not be subject to the rules of the grievance procedure, as stated herein, until set forth in writing in accordance with the provisions of Section A filed with the immediate supervisor or the appropriate principal of the grievant(s). No grievance may be heard without first having been presented at the lowest level at which the remedy sought can be provided. The grievant(s) shall promptly furnish a copy of said grievance to the Association, and the Association formally may appear as an authorized party in interest at any of the procedural levels.
The grievant(s) shall be entitled to have the individual receiving the written grievance sign a duplicate thereof, acknowledging thereby only the date of receipt. This shall constitute filing as referred to herein. All times and procedures specified herein shall commence as of the date the grievance is filed.
If the original grievant(s) is (are) personally satisfied with the resolution of the problem at any level, said grievant(s) shall terminate this grievance by a signed written statement to that effect.
LEVEL ONE: Upon filing of the grievance, which shall be filed as soon as possible subsequent to the event, or condition, upon which said grievance is based, but in no instance not later than twenty (20) school days after the event leading to the grievance or first knowledge thereof, the principal and/or appropriate supervisor shall meet within three (3) school days with said grievant(s) in an effort to resolve the grievance. A grievance that affects a group of employees, either from different buildings, or is of a general nature, originally shall be filed, in writing, by the Association directly with the Superintendent and the processing of such grievance shall commence at Level Two.
refer the written grievance to the Superintendent. Within ten (10) school days following the receipt of the grievance, the Superintendent, or his designee, shall meet with the grievant(s) and any other authorized party in interest in an attempt to resolve the grievance. The person(s) hearing the grievance at Level One may be present at the meeting held at Level Two at the request of the Superintendent or his designee.
LEVEL THREE: In the event that the grievance shall not have been resolved to the satisfaction of the grievant(s) within five (5) school days after the meeting at Level Two, the grievant(s) may refer the written grievance to the full Committee. In such event, the Committee, at its next regular meeting, or at any earlier special meeting, shall meet in executive session with the grievant(s) and any other authorized party in interest in an effort to resolve the grievance.
LEVEL FOUR: Should any grievance not be resolved within ten (10) school days subsequent to said meeting at Level Three, the Association may submit the grievance, in writing, within twenty (20) school days after the meeting held at Level Three, to the American Arbitration Association or the State Board of Conciliation and Arbitration for arbitration in conformance with its respective arbitration rules. The decision of the arbitrator shall be final and binding on all parties. If the decision of the arbitrator requires the expenditure of funds not currently available to the Committee, the implementation of the decision may be postponed until funds are provided in the next subsequent budget. The fee and any reasonable expenses of the arbitrator shall be shared equally by the Association and the Committee.
C. GENERAL PROVISIONS
1. Failure of the party designated to hear a grievance and to respond within the stated time limit shall result in a decision in favor of the grievant(s).
2. Failure on the part of the grievant(s) to appeal the grievance to the next level within the established time limits shall be deemed to be acceptance of the decision rendered at the earlier level.
3. The grievant(s) may be represented by no more than three (3) Association members in presenting a case, one of which may be an MTA representative.
4. Any grievance not resolved by the end of school in June will be processed as though school were to remain in session throughout the summer, with each such school day to be counted for purposes of proceeding through the steps outlined in the levels.
5. All decisions shall be in writing.
6. In this grievance procedure, any authorized party in interest shall be defined as any person(s) authorized by either the Committee or the Association.
7. Records of any grievance shall not be filed in individual personnel files.
UNIT B
ARTICLE 3
GRIEVANCE PROCEDURE
3.1 A "grievance" is a complaint by an employee, employees, the bargaining unit or the Association that is based upon an alleged violation of this Agreement or the interpretation or application thereof as related to the aggrieved employee, employees, the bargaining unit or the Association. No grievance may be heard without first having been presented at the lowest level at which the remedy sought can be provided.
Grievances involving two or more employees or the entire bargaining unit or the Association shall be initiated at Level II of the grievance procedure. For the purpose of this section, a 'day' shall be defined as work days for the aggrieved administrators, exclusive of holidays. Grievances shall be instituted and be processed from level to level either by the grievant(s) and/or by the Association. However, only the Association shall have the right to refer unresolved grievances to arbitration.
3.2 Procedure for Processing a Grievance
A. Level One: The grievance shall be presented in verbal or written form to the employee's immediate supervisor within twenty (20) days of the employee knowing or when he should have known of the act or condition on which the grievance is based. Said supervisor will meet with the grievant within three (3) days of receipt of the grievance, and within five (5) days following said meeting shall render his decision in written form in the matter.
B. Level Two: If the grievant is not satisfied with the disposition of the grievance at Level One, or no decision is rendered within five (5) days of the meeting with the immediate supervisor, the aggrieved employee may file the grievance in writing with the Superintendent within five (5) days of the receipt of the decision or the allotted time period in which a decision shall be rendered. The Superintendent will render his decision in written form within (10) days of receipt of the grievance.
C. Level Three: If the grievant is not satisfied with the disposition of the grievance at Level Two, or no decision is rendered within ten (10) days of receipt of the grievance, the grievant may elect to submit the grievance to the Committee within fifteen (15) days of receipt of the decision or the allotted time period in which a decision shall be rendered. Said submission shall be in writing. The Committee shall render its decision, in written form, within fifteen (15) days of receipt of the grievance.
3.3 The Arbitrator shall be selected by mutual agreement of the parties. If the parties fail to reach agreement upon an arbitrator within ten days after the referral of a grievance to arbitration, the moving party may submit the grievance to either the American Arbitration Association or the Massachusetts Board of Conciliation and Arbitration. In that event, the parties shall be bound by the rules and regulations of whichever of the foregoing agencies the grievance has been submitted to. The costs of said arbitration shall be shared equally by the parties. The decision of the Arbitrator shall be final and binding.
3.4 The Arbitrator shall have the authority only to interpret, apply or determine compliance with provisions of this Agreement as related to the grievant and specific alleged violation thereof, lack of which will constitute grounds for non-arbitrability of the grievance.
UNIT C
ARTICLE 5
GRIEVANCE PROCEDURE
5.1 For purposes of this Agreement, a grievance is defined as a complaint by an employee that as to him or her there has been a direct violation of the express terms of a specific provision of this Agreement. All grievances must be in writing and signed by the grievant, setting forth in precise detail the exact nature of any and all the facts given rise to the grievance, the contract provision(s) alleged to have been violated and the relief requested. Said grievance must be processed in accordance with the levels, time limits and conditions set forth below in this Article. No grievance may be heard without first having been presented at the lowest level at which the remedy sought can be provided.
5.2 Procedure for Processing a Grievance:
(a) Level One: The grievance shall be presented to the employee’s immediate supervisor within fifteen (15) school days or if after June 15, ten (10) business days of the
employee knowing of, or should have known of, the act or condition on which the grievance is based. Said supervisor will meet with the grievant within three (3) days of receipt of the grievance and within five (5) days following said meeting shall render his decision in the manner.
(b) Level Two: If the grievant is not satisfied with the disposition of the grievance at Level One, or no decision is rendered within five (5) business days of the meeting with the grievant, the aggrieved employee may file the grievance in writing with the Superintendent within five (5) business days of receipt of the decision or the allotted time period in which a decision shall be rendered. The Superintendent will render his decision within ten (10) business days of receipt of the grievance.
decision shall be rendered. Said submission shall be in writing. The Committee shall render its decision within fifteen (15) business days of receipt of the grievance.
(d) Level Four: If the grievant is not satisfied with the disposition of the grievance at Level Three, or no decision is rendered within fifteen (15) business days of receipt of the grievance, the grievant may elect to submit the grievance to arbitration within five (5) business days of receipt of the decision or the allotted time period in which a decision shall be rendered.
5.3 The Arbitrator shall be selected by mutual agreement of the parties. If the parties fail to appoint an Arbitrator, he shall be selected from a list of Arbitrators supplied by the Massachusetts Board of Conciliation and Arbitration. The costs of said arbitration shall be shared equally by the parties. The decision of the Arbitrator shall be final and binding.
5.4 The Arbitrator shall have the authority only to interpret, apply or determine compliance with the provisions of this Agreement as related to the grievant and specific alleged violation thereof, lack of which will constitute grounds for non-arbitrability of the grievance.
5.5 If a grievance affects more than one (1) person in the bargaining unit, a group grievance can be originated by the unit and started at Level Two.
5.6 The time limits at any level can be lengthened by mutual consent.
UNIT D
ARTICLE THREE
GRIEVANCE PROCEDURE
3.1 For purposes of this Agreement a grievance is defined as a complaint by an employee, that as to him, there has been a direct violation of the express terms of a specific provision of this Agreement. All grievances must be in writing and signed by the grievant, setting forth in detail the nature of and all the facts giving rise to the grievance, the contract provision(s) alleged to have been violated and the relief requested. Said grievance must be processed in accordance with the levels, time limits and conditions set forth below in this Article. Saturdays, Sundays, and legal holidays shall not be counted in the computation of any period of time specified in this section.
3.2 Procedure for Processing a Grievance.
B. Level Two: If the grievant is not satisfied with the disposition of the grievance at Level One, or no decision is rendered within five (5) business days of the meeting with the grievant, the aggrieved employee may file the grievance in writing with the Business Administrator within five (5) business days of receipt of the decision or the allotted time period in which a decision shall be rendered. The Business Administrator will render his/her decision within ten (10) business days of receipt of the grievance or within ten (10) business days of meeting with grievant should such meeting become necessary.
C. Level Three: If the grievant is not satisfied with the disposition of the grievance at Level Two, or no decision is rendered within ten (10) business days of formal meeting with Business Administrator or of receipt of the grievance to the Superintendent within five (5) business days of receipt of the decision or the allotted time period in which a decision shall be rendered. Said submission shall be in writing. The Superintendent will render his/her decision within ten (10) business days of receipt of the grievance or within ten (10) business days of meeting with grievant should such meeting become necessary.
D. Level Four: If the grievant is not satisfied with the disposition of the grievance at Level Three, or no decision is rendered within ten (10) business days of formal meeting with the Superintendent or of receipt of the grievance, the grievant may elect to submit the grievance, the grievant to the School Committee within five (5) business days of receipt of the decision or the allotted time period in which a decision shall be rendered. Said submissions shall be in writing. The Committee shall render its decision within fifteen (15) business days of receipt of the grievance or within fifteen (15) business days of meeting with grievant should such meeting become necessary.
E. Level Five: If the Association is not satisfied with the disposition of the grievance of Level Four, or no decision is rendered within fifteen (15) business days of receipt of the grievance, the Association may elect to submit the grievance to arbitration within five (5) business days of receipt of the decision or the allotted time period in which a decision shall be rendered. The Arbitrator shall be selected by mutual agreement of the parties. If the parties fail to appoint an Arbitrator s/he shall be selected from a list of Arbitrators supplied by the American Arbitration Association. The parties will be bound by the rules and regulations of the American Arbitration Association. The costs of said arbitration shall be shared equally by the parties. The decision of the Arbitrator shall be final and binding.
3.3 The Arbitrator shall have the authority only to interpret, apply, or determine compliance with provisions of this Agreement as related to the grievant and specific alleged violation thereof, lack of which will constitute grounds for non-arbitrability of the grievance.
3.5 Any employee who is a grievant shall have the right to be represented by the Union at any step in the grievance process at the employee’s request.
CAFETERIA ARTICLE 3
GRIEVANCE PROCEDURE
3.1 For purposes of this Agreement a grievance is defined as a complaint by an employee that as to him there has been a direct violation of the expressed terms of a specific provision of this Agreement. All grievances must be in writing and signed by the grievant, setting forth in precise detail the exact nature of and all the facts giving rise of the grievance, the contract provision(s) alleged to have been violated and the relief requested. Said grievance must be process in accordance with the levels, time limits, and conditions set forth below in this Article.
3.2 Procedure for Processing a Grievance
A. Level One: The grievance shall be presented to the employee’s immediate supervisor within five (5) days of the employee knowing or should have known of the act or condition on which the grievance is based. Said supervisor will meet with the grievant within three (3) days of receipt of the grievance and within five (5) days following said meeting shall render his decision of the matter.
B. Level Two: If the grievant is not satisfied with the disposition of the grievance at Level One, or no decision is rendered within five (5) days of the meeting with the grievant, the aggrieved employee may file the grievance in writing with the Assistant Superintendent for Finance and Operations within five (5) days of receipt of the decision or the allotted time period in which a decision shall be rendered. The Assistant Superintendent for Finance and Operations will render his decision within ten (10) days of receipt of the grievance.
C. Level Three: If the grievant is not satisfied with the disposition of the grievance at Level Two, or no decision is rendered within five (5) days of the meeting with the grievant, the aggrieved employee may file the grievance in writing with the Superintendent within five (5) days of receipt of the decision or the allotted time period in which in which a decision shall be rendered. The Superintendent will render his decision within ten (10) days of receipt of the grievance.
E. Level Five: If the grievant is not satisfied with the disposition of the grievance at Level Four, or no decision is rendered within fifteen (15) days of receipt of the grievance, the grievant may elect to submit the grievance to Arbitration within five (5) days of receipt of the decision or the allotted time period in which a decision shall be rendered.
3.3 Arbitrator shall be selected by mutual agreement of the parties. If the parties fail to appoint an Arbitrator, he/she shall be selected from a list of Arbitrators supplied by the American Arbitrator Association. The parties will be bound by the rules and regulations of the American Arbitration Association. The costs of said arbitration shall be shared equally by the parties.
3.4 The Arbitrator shall have the authority only to interpret, apply, or determine compliance with the provisions of this Agreement as related to the grievant and the specific alleged violation thereof, lack of which will constitute grounds for non-arbitrability of the grievance.
CUSTODIAL ARTICLE 3
GRIEVANCE PROCEDURE
3.1 For purposes of this Agreement a grievance is defined as a complaint by an employee or the Association that as to him there has been a direct violation of the expressed terms of a specific provision of this Agreement. All grievances must be in writing and signed by the grievant, setting forth in precise detail the exact nature of and all the facts giving rise to the grievance, the contract provision(s) alleged to have been violated and the relief requested. Said grievance must be processed in accordance with the levels, time limits, and conditions set forth below in this Article. All are to be grievances filed by the Association on behalf of the grievant.
3.2 Procedure for Processing a Grievance: business
A. Level One: The grievance shall be presented to the employee's Supervisor of Custodians and Maintenance, within (5) business days of the employee knowing or should have known of the act or condition on which the grievance is based. Said supervisor will meet with the grievant within three (3) business days of receipt of the grievance, and within five (5) business days following said meeting shall render his decision in the matter.
Administrator will render his decision within ten (10) business days of receipt of the grievance.
C. Level Three: If the grievant is not satisfied with the disposition of the grievance at Level Two, or no decision is rendered within ten (10) business days of the meeting with the grievant, the aggrieved employee may file the grievance in writing with the Superintendent within five (5) business days of receipt of the decision or the allotted time period in which the decision shall be rendered. The Superintendent will render his decision within ten (10) business days of receipt of the grievance.
D. Level Four: If the grievant is not satisfied with the disposition of the grievance at Level Three, or no decision is rendered within ten (10) business days of receipt of the grievance, the grievant may elect to submit the grievance to the Committee within five (5) business days of receipt of the decision or the allotted time period in which a decision shall be rendered. Said submission shall be in writing. The Committee shall render its decision within fifteen (15) business days of receipt of the grievance.
E. Level Five: If the grievant is not satisfied with the disposition of the grievance at Level Four, or no decision is rendered within fifteen (15) business days of receipt of the grievance, the grievant may elect to submit the grievance to Arbitration with five (5) business days of receipt of the decision or the allotted time period in which a decision shall be rendered.
3.3 The Arbitrator shall be selected by mutual agreement of the parties. If the parties fail to appoint an Arbitrator he/she shall be selected from a list of Arbitrators supplied by the American Arbitration Association. The parties will be bound by the rules and regulations of the American Arbitration Association. The costs of said arbitration shall be shared equally by the parties. The decision of the Arbitrator shall be final and binding. The Arbitrator shall have the authority to interpret, apply or determine compliance with the provisions of this Agreement as related to the grievant and the specific alleged violation thereof, lack of which will constitute grounds for non-arbitrability of the grievance.
LOCAL 175
ARTICLE THREE
GRIEVANCE PROCEDURE
3.5 For purposes of this Agreement a grievance is defined as a complaint by an employee, that as to him, there has been a direct violation of the express terms of a specific provision of this Agreement. All grievances must be in writing and signed by the grievant, setting forth in detail the nature of and all the facts giving rise to the grievance, the contract provision(s) alleged to have been violated and the relief requested. Said grievance must be processed in accordance with the levels, time limits and conditions set forth below in this Article. Saturdays, Sundays, and legal holidays shall not be counted in the computation of any period of time specified in this section.
F. Level One: The grievance shall be presented to the employee’s immediate administrator within twenty (20) business days of the employee knowing, or should have known, of the act or condition on which the grievance is based. Said Administrator will meet with the grievant within three (3) business days of receipt of the grievance, and within five (5) business days following said meeting shall render his/her decision in the matter.
G. Level Two: If the grievant is not satisfied with the disposition of the grievance at Level One, or no decision is rendered within five (5) business days of the meeting with the grievant, the aggrieved employee may file the grievance in writing with the Director of Technology within five (5) business days of receipt of the decision or the allotted time period in which a decision shall be rendered. The Director of Technology will render his/her decision within ten (10) business days of receipt of the grievance or within ten (10) business days of meeting with grievant should such meeting become necessary.
H. Level Three: If the grievant is not satisfied with the disposition of the grievance at Level Two, or no decision is rendered within ten (10) business days of formal meeting with Director of Technology or of receipt of the grievance to the Superintendent within five (5) business days of receipt of the decision or the allotted time period in which a decision shall be rendered. Said submission shall be in writing. The Superintendent will render his/her decision within ten (10) business days of receipt of the grievance or within ten (10) business days of meeting with grievant should such meeting become necessary.
I. Level Four: If the grievant is not satisfied with the disposition of the grievance at Level Three, or no decision is rendered within ten (10) business days of formal meeting with the Superintendent or of receipt of the grievance, the grievant may elect to submit the grievance, the grievant to the School Committee within five (5) business days of receipt of the decision or the allotted time period in which a decision shall be rendered. Said submissions shall be in writing. The Committee shall render its decision within fifteen (15) business days of receipt of the grievance or within fifteen (15) business days of meeting with grievant should such meeting become necessary.
3.7 The Arbitrator shall have the authority only to interpret, apply, or determine compliance with provisions of this Agreement as related to the grievant and specific alleged violation thereof, lack of which will constitute grounds for non-arbitrability of the grievance.
3.8 Grievances at Level One, Level Two and Level Three shall be held during the course of the normal hours of operation of the Central Business Office.
3.5 Any employee who is a grievant shall have the right to be represented by the Union at any step in the grievance process at the employee’s request.
NURSES
ARTICLE 4
GRIEVANCE PROCEDURE
4.1 For purposes of this Agreement, a grievance is defined as a direct violation of the expressed terms of a specific provision of this Agreement. All grievances must be in writing and signed by the grievant.
4.2 Procedure for Processing a Grievance
A. Level One: The grievance shall be presented to the employee’s Building Principal within ten (10) days of the employee knowing or should have known of the act or condition on which the grievance is based. Said Building Principal will meet with the grievant within three (3) days of receipt of the grievance and within ten (10) days following said meeting shall render his decision in the matter.
B. Level Two: If the grievant is not satisfied with the disposition of the grievance at Level One, or no decision is rendered within ten (10) days of the meeting with the grievant, the aggrieved employee may file the grievance in writing to the Superintendent or his/her designee within ten (10) days of receipt of the decision or the allotted time period in which a decision shall be rendered. The Superintendent or his/her designee will render his decision within ten (10) days of receipt of the grievance.
C. Level Three: If the grievant is not satisfied with the disposition of the grievance at Level Two, or no decision is rendered within ten (10) days of receipt of the grievance, the grievant may elect to submit the grievance to the Committee within ten (10) days of receipt of the decision or the allotted time period in which a decision shall be rendered. Said submission shall be in writing. The Committee shall render its decision within fifteen (15) days of receipt of the grievance.
4.3 General Provisions:
A. The grievant(s) may, upon request, be represented by an Association representative at any or all steps in the above process.
B. Saturdays, Sundays, and legal holidays shall not be counted in the computation of any period of time specified in this Article.
C. Time limits hereunder may be extended by the mutual agreement in writing of the parties.
