3-8. General Provisions
3-8.1. Procedures for Certain Grievances That Are Not Under the Jurisdiction of a Principal or Head Administrator.
3-8.1(a). Initial Processing.
Any grievance based upon the action of an authority higher than the principal shall be initiated directly with the Office of Administrative Hearings. The grievance must specify the complaint(s) and/or violation(s) alleged, a brief statement of facts sufficient to allow a response and any documentation which may expedite the resolution of the grievance.
3-8.1(b). Conference and Issuance of Decision.
Upon receipt of a grievance filed pursuant to Article 3-8.1(a), the Chief Executive Officer or the Executive Director of the Office of Administrative Hearings or designee shall meet within ten school days with the concerned parties who will be given no less than two school days’ notice of the time and place of the conference. The Chief Executive Officer or the Executive Director of the Office of Administrative Hearings or designee shall make a written decision and communicate the same to the parties involved within twenty school days after completion of the conference. Decisions of the Chief Executive Officer or the Executive Director of the Office of Administrative Hearings or designee may be appealed to arbitration under Article 3-10.
3-8.2. Initiation at Higher Step.
The UNION may initiate or appeal a grievance at any step of the grievance procedure.
3-8.3. Expedited Grievance and Arbitration Procedure.
Where expedited grievance and arbitration is provided in this Agreement, the following shall apply: The Union may file the grievance at the highest step. If the grievance is not adjusted within fifteen (15) days, it shall automatically proceed to arbitration upon the Union’s written demand. The parties shall select an arbitrator and the grievance shall be heard by the arbitrator within thirty (30) days of the arbitration demand. The arbitrator shall issue a bench ruling and award at the conclusion of the hearing, but may subsequently issue a written ruling explaining the award upon request of either party.
3-8.4. Deadline for Filing Grievances.
A grievant or the UNION shall file grievances in writing within forty-five school days after the occurrence of the event giving rise to the alleged violation, or within forty-five school days from the time the grievant or the UNION should reasonably have become aware of the occurrence of the event giving rise to the alleged violation, whichever is later, except in the case of a salary grievance. For salary grievances filed on or after November 1, 2012, the grievant or the UNION may file a grievance within three calendar years of the date on which the salary grievance arose. Salary grievances filed within three calendar years shall be deemed timely.