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6.50 Grievance Procedure for Personnel

6.50 Grievance Procedure for Personnel

Chapter 6.00: Personnel

6.50*

GRIEVANCE PROCEDURE FOR PERSONNEL

POLICY

I. The term “grievance” is defined as a written allegation by a grievant that a dispute or violation exists between the Board, an employee, group of employees or the Association, involving the interpretation, application, misapplication or non-application of this Agreement. The purpose of the grievance procedure is to secure, at the lowest possible administrative level, equitable solutions to problems which may arise affecting the health, welfare or working conditions of members of the bargaining unit. Grievances shall systematically follow the grievance procedure as outlined herein. All members of the bargaining unit may have the right to Association representation at any point in the grievance procedure. If the grievance involves more than one school building or worksite, the grievance may initially be filed with the Superintendent or the Superintendent’s designated representative at Step Two. No reprisals or retaliation shall be invoked or threatened against any employee for processing a grievance or participating in any way in the grievance procedure. The Board will cooperate with the Association in its investigation of any grievance and will furnish such information as is requested for the processing of a grievance.

II. A “grievant” is defined as an individual employee, group of employees or the Association filing a grievance. The term “supervisor” is defined as the principal of the school where the individual is assigned or the immediate supervisor when the employee is not assigned to a principal. The term “days” shall mean work days.

III. Any grievance filed shall refer to the provision or provisions of the Agreement alleged to have been violated and shall set forth the facts pertaining to the alleged violation. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level is to be considered the maximum, and every effort should be made to expedite the process before the deadlines are reached. However, time limits may be extended by mutual written agreement between the parties.

IV. Informal Discussion: Any employee who believes there is a basis for a grievance shall first informally discuss the matter with the immediate supervisor. Any such alleged grievance must be brought to the attention of the immediate supervisor within ten (10) days of: (a) the actual occurrence of the event or events giving rise to the grievance, or (b) the time that the grievant becomes aware or with the exercise of reasonable diligence, should have been aware of the event or events giving rise to the grievance. If, however, a grievant is absent when such grievable event occurs, the ten (10) day time period shall not commence until the grievant’s return.

V. Step One: If the grievant and immediate supervisor are unable to satisfactorily adjust the grievance issue within five (5) days following the informal discussion, the grievant may within seven (7) days submit a grievance in writing to the immediate supervisor. The immediate supervisor shall present a written decision to the grievant within five (5) days following receipt of the grievance. If the grievance is not settled to the grievant’s satisfaction, or if a written decision is not submitted within the designated time limits, the grievance may be referred to Step Two within five (5) days.

VI. Step Two: The grievant shall submit the grievance with the immediate supervisor’s written decision to the Superintendent. The written appeal of the grievance shall set forth specifically the event or events upon which the grievance was originally based and the grounds upon which the appeal is based. The Superintendent or Superintendent’s designee shall meet with the grievant within five (5) days from receipt of the appeal. A written decision on the grievance appeal shall be transmitted within ten (10) days following the meeting.

VII Arbitration: If the grievance is not resolved at Step Two to the grievant’s satisfaction, the grievant may move the grievance to arbitration. Such request for arbitration shall be made within ten (10) days after receipt of the written decision of the Superintendent. If, within five (5) days of receipt of the request for arbitration, the Superintendent and grievant are unable to mutually agree to an arbitrator, the party seeking arbitration shall file a request with the American Arbitration Association to submit a list of qualified arbitrators. The arbitrator shall then be selected by the parties according to the rules of the American Arbitration Association.

VIII. If a dispute exists concerning the arbitrability of an issue referred to arbitration, the issue of arbitrability shall be the first issue before the arbitrator. The arbitrator shall have no power to add to, subtract from, modify, or alter the terms of this Agreement.

IX. Each party shall bear the full costs for its representation in the arbitration. The cost of the arbitrator and the American Arbitration Association will be divided equally between the parties.

X. Release time shall be granted to the aggrieved person, witnesses and the Association president for attendance at the arbitration hearing. Such release time shall be without loss of pay.

STATUTORY AUTHORITY: 1001.41, 1012.22, 1012.23, F.S.

LAWS IMPLEMENTED: 447.401, 1001.43, 1001.49, 1012.22, 1012.27

STATE BOARD OF EDUCATION RULES:

HISTORY: Adopted: 07/14/1998

Revision Date(s): 06/09/2009

Formerly: C-42, E-27

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