ARTICLE X: Grievance Procedures

Section A: Definitions

1. Grievance: A complaint by a teacher, group of teachers, or the Association based upon an alleged violation, misinterpretation or misapplication of the negotiated agreement.

2. The term "teacher" may include a group of teachers who are similarly affected by a grievance.

3. An "aggrieved person" shall mean the person(s) making the complaint.

4. A "party in interest" shall mean the person(s) making the complaint and/or any person who might be required to take action or against whom action might be taken in order to resolve the grievance.

5. The term "days", unless otherwise indicated, shall mean days the Central Office is open for normal business.

6. The "Association" shall mean the Arkansas City Teachers' Association.

7. The "Board" shall mean the Board of Education of Unified School District 470.

8. The "ACTA Grievance Committee" shall consist of five (5) teachers: a) two (2) teachers appointed by the aggrieved person, b) three (3) teachers appointed by the Association President.

Section B: General Principles

1. The primary purpose of this procedure is to secure, at the lowest possible level, an equitable solution to a grievance. Except as may be necessary to implement the procedure, both parties agree that these proceedings shall be kept as informal and confidential as may be appropriate at any level of the procedure.

2. Nothing contained herein shall be construed as limiting the right of any teacher having a grievance to discuss the matter informally with his principal.

3. Except as otherwise provided in Level One of this procedure, any aggrieved person may be represented at all meetings and hearings at all levels of the grievance procedure by the Association Representative assigned to his building, or by another Association member of his own choosing.

4. The failure of the aggrieved person to proceed to the next level within the time limits set forth shall be deemed to be in acceptance of the decision previously returned and shall constitute a waiver of any future appeal concerning that particular grievance.

5. The failure of an administrator at any level of the procedure to communicate his decision to the aggrieved person within the specified time limits shall permit the aggrieved person and/or the Grievance Committee with the teacher's written authorization to proceed to the next level.

6. It shall be the practice of all parties in interest to process grievance procedures during such time as not to interfere with the execution of regular teaching assignments. If time is set during school time, there shall be no loss of pay to the teacher.

7. It shall be the policy of the Board to assure to every teacher an opportunity to have the unobstructed use of the grievance procedure without fear of reprisal or prejudice in any manner to his professional status.

8. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level shall be considered as maximum and every effort shall be made to expedite the process. Time limits, however, may be extended when mutually agreed upon in writing.

9. In the event a grievance is filed on or after May 1, the time limits set forth herein may be reduced by mutual agreement, so that the grievance procedure may be exhausted prior to the close of the school year, or as soon thereafter as practicable for all parties concerned.

10. All documents, communications and records dealing with the processing of grievances shall be filed by the school system separately from the personnel files of the parties in interest.

11. Both parties shall furnish each other, upon reasonable request, available information pertinent to the issue(s) under consideration.

12. The deadlines stated in this article will be delayed if they fall during summer vacation and work an unreasonable hardship on either the teacher or the Board.

Section C: Procedure

1. Level One. Within twenty (20) days after an alleged grievance arises, the teacher may present orally the alleged grievance to his/her principal during non-teaching hours. Within three (3) days after presentation of the alleged grievance, the principal shall give his answer orally to the teacher. Each party is permitted to have one additional person present.

In the event the alleged grievance is not satisfactorily resolved orally and the aggrieved person wishes to appeal the decision, he shall deliver the grievance in writing to the principal within five (5) days following receipt of the oral answer. Within five (5) days after receiving the written statement of grievance, the principal shall communicate his answer in writing to the grievant, a copy of which shall be delivered to the Superintendent of Schools by the principal.

2. Level Two. If the grievance is not resolved at Level One, the grievant may, within five (5) days of receipt of the principal's written answer, submit to the Grievance Committee a written "statement of grievance" signed by the grievant. A copy shall be given to the principal involved at the same time as well as a copy given to the Superintendent of Schools.

The ACTA Grievance Committee shall within seven (7) days of the grievance make a judgment on the merits of the grievance. If the ACTA Grievance Committee decides the grievance lacks merit, said committee shall render its decision in writing to the aggrieved person, the Association Representative, and the aggrieved person's principal, and the matter, insofar as the Association is concerned, is terminated and may only be continued beyond this level on the aggrieved person's own initiative and without the Association's support. If the ACTA Grievance Committee decides the grievance has merit, said Committee shall within five (5) days of the decision thereof, forward such grievance in writing to the Superintendent.

At that point the grievance may, at the teacher’s request be submitted to the FMCA Service. This is for mediation only, with the purpose being resolution of the grievance. Involved parties shall include the mediator, one person representing the teacher (named by ACTA) and one person representing the school district (named by the Superintendent), the grievant, and the person against whom the grievance was lodged. The teacher may elect to proceed directly to Level Three and bypass mediation.

3. Level Three. Upon completion of the mediation process wherein no resolution is reached, and/or upon receipt of the grievance, the Superintendent may designate a panel from administrative school personnel, not to exceed three persons, to represent him in a meeting with three members of the ACTA Grievance Committee and the grievant to attempt to arrive at a settlement of the grievance. Such panel representing the Superintendent may include the Superintendent but shall not include any person who previously has been a party in interest to the particular grievance. Within seven (7) days after receipt of the written grievance, the Superintendent or his designated panel shall meet with the ACTA Grievance Committee to consider the grievance. At such a meeting, the attendance of witnesses having knowledge of the matter may be required. Within three (3) days after said meeting, the Superintendent or his designated panel shall prepare a written report including any agreement reached, or if the matter is not resolved, an answer to the grievance, together with supporting reasons, copies of which shall be given to the aggrieved person, the ACTA Grievance Committee, and the aggrieved person's immediate superior.

4. Level Four. In the event the grievance is not satisfactorily resolved at Level Three by the Superintendent or his designated panel and the ACTA Grievance Committee within three (3) days after the written report has been delivered, the grievance may be referred by the grievant and the Grievance Committee to the Board of Education. Within ten (10) days of receipt thereof by the Clerk of the Board, the Board or a committee of its members, in executive session, shall meet with not more than three (3) members of the ACTA Grievance Committee and the grievant to attempt to resolve the grievance. At such a meeting, the attendance of witnesses having knowledge of the matter may be called by either party. Any final or binding decision made by the Board regarding the grievance shall be made in open session. The Board committee at this level shall not include any person who has previously been a party in interest to the particular grievance. Within five (5) days after such a meeting, the Board or its committee, shall prepare a written report, including any agreement reached, or if the matter is not resolved, an answer to the grievance, together with supporting reasons, copies of which shall be given to the aggrieved person, the ACTA Grievance committee, and the aggrieved person's immediate superior.