Grievance Procedure

Here you can find resources to help with the grievance procedure. The complete grievance procedure from the contract is copied below. 

Grievance Info Form

Your Grievance Procedure

Sample Cover Letter

Sample Draft Recalling Specific Contract Terms

Sample Grievance Submission Language

Sample Letter Withdrawing Grievance

Sample Draft Non Waiver Letter

Timeline Grievance Record

Time Waiver Form

MTA Grievance

ARTICLE III – GRIEVANCE PROCEDURE  

1. A “grievance” is a claim based upon an event or condition which affects the welfare and/or conditions of employment of a teacher or group of teachers and/or the interpretation, meaning, or application of any of the provisions of this Agreement or any subsequent agreement entered into pursuant to this Agreement.  
2. An “aggrieved person” is the person or persons making the claim.  
3. A “Party in interest” is the person or persons making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim.  
4. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers.  Both parties agree that these proceedings will be kept informal and confidential as may be appropriate at any level of the procedure.  
5. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process.  
6. A “grievance” shall be deemed to have been waived, and shall not be further processed under this grievance process if it has not been presented or pursued within those time limits herein set forth.  The time limits specified may be extended by a mutual agreement in writing.  
7. Level One – A teacher with a grievance will present it, in writing, to his/her building principal, either directly or through the Association, or appointed representative of the Association within fifteen (15) school days of the time of the teacher or the Association knew or should have known of the act or condition on which the grievance is based.  The building principal will respond in writing within five (5) school days of receipt of the written grievance.  
8. Level Two – If the grievance is not resolved to the satisfaction of the grievant and/or the Association within five (5) school days after submission at Level One, the teacher or the Association may present the grievance in writing to the Superintendent within ten (10) School days. 
   • If in the judgment of the Association and within fifteen (15) school days of the time of the teacher or the Association knew or should have known of the act or condition on which the grievance is based, a grievance affects a group or class of teachers, the Association may submit such grievance in writing to the Superintendent directly and the processing of such grievance will be commenced at Level Two.  The Association may process such a grievance through all levels of the grievance procedure even though the aggrieved person does not wish to do so.  The Superintendent will meet with the Association within ten (10) school days of receipt of the written grievance.  The Superintendent will respond in writing within five (5) school days of the meeting. 
9. Level Three – If the grievance is not resolved to the satisfaction of the grievant and/or the Association, the grievant and/or the Association may present the grievance in writing to the School Committee within ten (10) school days of the date the Superintendent’s written response was due.  The School Committee will schedule a hearing of the grievance at its next regularly scheduled meeting or within fifteen (15) school days whichever is sooner.   
10. Level Four – If the grievance is not resolved to the satisfaction of the Association within ten (10) school days, after being heard by the School Committee, the Association may submit the grievance for arbitration.  The Association will have an additional ten (10) days from this time to decide if it will submit the grievance to arbitration. 
    1. Only a grievance involving a claim that the School Committee has violated, misinterpreted, or misapplied any of the provisions of this agreement or any subsequent agreement entered into pursuant to this agreement shall be subject to arbitration.
    2. The School Committee and/or the Association may submit the grievance to the American Arbitration Association for disposition in accordance with the appropriate rules of the said American Arbitration Association.
    3. The decision of the arbitrator shall be final and binding on the School Committee, the Association, and the grievant(s).  The arbitrator shall be bound by all the terms of this Agreement and shall have no power to add to, subtract from, or in any way modify its provisions.  
    4. The expenses for such arbitrators’ fees shall be shared equally by the School Committee and the Association.  
11. No reprisals of any kind will be taken by the School Committee or by any member of the administration against any party in interest, any member of the Association, or any other participant in the grievance procedure by reason of such participation.  
12. Decisions rendered at Levels One, Two, Three, and Four of the grievance procedure will be in writing setting forth the decision and the reasons therefore and will be transmitted promptly to all parties in interest and to the representative of the Association.  
13. All documents, communications, and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants.  
14. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents will be jointly prepared by the Superintendent and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure.