The parties recognize that disputes may occasionally arise concerning the terms and conditions of this Agreement and such disputes shall be resolved through this grievance procedure.
A grievance shall be defined as a written complaint by an employee or group of employees covered by this Agreement, or by the Association, that the Education Authority has violated a specific provision of this Agreement.
The parties support the resolution of problems at the lowest possible level and to that end encourage informal discussions to resolve problems without the grievance procedure. Prior to initiating a grievance, the aggrieved party is encouraged to discuss the matter with their principal and maybe accompanied by the Association President. Resolutions from pre-grievance discussions, although final, shall not be precedential.
22.04(a) A Grievance must be filed in writing by the Association in the Office of the Director. The grievance shall state the pertinent facts of the case with reasonable particularity, including the section(s) of the Agreement allegedly violated, and the remedy or desired outcome that is sought. The date of the filing is the date the grievance is received at the Office.
22.04(b) The grievance must be filed within twenty (20) teaching days from the occurrence of the events giving rise to the grievance, or from the time at which the aggrieved individual should reasonably have become aware of the grievance. The Director (or designee) shall meet with the grievant and the Association within ten (10) teaching days of receiving the grievance. The Director (or designee) shall issue a written response to the grievance within five (5) teaching days of the meeting.
22.04(c) Resolution at the First Step, although final, shall not be precedential.
22.05 If the Association is not satisfied with the Step One response, it may submit the grievance in writing to the Education Authority Board within five (5) teaching days after receipt of the Step One decision. The requirement of a meeting may be waived by mutual agreement. The Board may hold a hearing to discuss the grievance with the griever together with an Association representative before giving a decision on the grievance. Such hearing shall take place within five (5) teaching days and a written response to the grievance shall be provided by the Board within five (5) teaching days following the conclusion of the hearing.
22.06(a) Within twenty (20) teaching days after receiving the Board’s reply and failing a satisfactory settlement, either party may refer the dispute to arbitration by giving notice to the other party in writing.
22.06(b) Within ten (10) teaching days of a referral to arbitration the parties shall attempt to agree on a sole arbitrator.
22.06(c) In the event the parties cannot reach an agreement on a sole arbitrator, the parties shall appoint a three (3) person Arbitration Board. Both the Education Authority and the Association shall notify each other, within ten (10) teaching days of their appointee to that Arbitration Board. In turn, within ten (10) teaching days, the two (2) appointees shall select a third member who shall be the Chairperson of the Arbitration Board and without delay notify the Education Authority and the Association of the name of the Chairperson.
22.06(d) The Arbitrator so appointed shall not be empowered to make any decision inconsistent with the provisions of this Agreement, or to modify or amend any portion of this Agreement.
22.06(e) The Arbitrator shall determine his own procedure, but shall provide full opportunity to all Parties to present evidence and make representations. The Arbitrator shall hear and determine the dispute and render a written decision within thirty (30) calendar days from the time it holds its final meeting.
22.06(f) The final decision of the Arbitrators shall be final and binding and enforceable on all Parties and may not be changed, except that either Party may apply within five (5) calendar days to have the Arbitration reconvened within five (5) further days in order to clarify the decision.
22.06(g) Each Party shall pay one-half (1/2) of the fees and expenses of the Arbitrator.
22.06(h) Nothing in this Agreement shall preclude settlement of a grievance by mutual agreement in any manner whatsoever.
In the event of extenuating circumstances the parties may extend the timelines in this Article by mutual agreement.