The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems arising from this agreement which may from time to time affect employees. Both parties agree these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
Procedure
A. Every aggrieved person covered by this agreement shall have the right to present grievances in accordance with these procedures.
B. A grievant may be represented at all pre-arbitration levels of the grievance procedure by himself/herself or, at his/her option by an Association representative(s) selected by the Association.
C. Class grievances involving more than one supervisor or grievances involving an administrator above the building level may be filed by the Association at Level II.
D. The failure of an aggrieved person, persons and or the Association to act on any grievance within the described time limits will act as a bar to any further appeal and an
administrator’s failure to give a decision within the time limits shall permit the grievant to proceed to the next step. The time limits may be extended by mutual agreement in writing.
E. It is agreed that any investigation or other handling or processing of any grievance shall be conducted so as to result in no interference with or interruption whatsoever of the instructional program and related work activities of the grievant or classified staff.
Steps
Level One--Principal or immediate supervisor (informal)
Within ten (10) calendar days after the alleged violation, the aggrieved person shall first discuss the grievance with the person’s principal or immediate supervisor.
Level Two--Principal (formal)
If the aggrieved person is not satisfied with the grievance disposition in Step One and would like to proceed to the next step, that person shall submit a written grievance to the principal within five (5) calendar days of the informal discussion. The written grievance shall state the nature of the grievance, specific contract clause violated and the remedy requested. The principal shall make a written response to the employee within five (5) calendars days after the grievance is formally filed.
With the written permission of the grievant, the principal shall submit a copy of the grievance and the response to the Association, on a form prescribed by the Association and approved by the Board.
Level Three--Superintendent
If the aggrieved person is not satisfied with the formal disposition in Step One and would like to proceed to the next step, that person shall file within five (5) calendar days after the receipt of the the Level Two written response, the grievance in writing to the superintendent for consideration. The superintendent shall arrange for a conference with the grievant which shall take place within five (5) calendar days of the superintendent’s receipt of the grievance.
With the written permission of the grievant, the Association shall be allowed to participate in a representative capacity for the grievant. The Association shall have the right to include in the conference such witnesses and representatives as it deems necessary to develop facts pertinent to the grievance.
Upon conclusion of the conference, the superintendent shall make a written response within ten (10) calendar days.
Level Four--Arbitration
If the grievance is not satisfactorily resolved at Level Three, there shall be available a fourth step of impartial binding arbitration. The Association may submit, in writing, a request on behalf of the Association and the grievant to the superintendent within twenty (20) calendar days from the receipt of the Level Three answer to enter into such arbitration. The arbitration proceeding shall be conducted by an arbitrator to be selected by the two parties within seven (7) calendar days after said notice is given. If the two parties fail to reach agreement on an arbitrator within seven (7) calendar days, Iowa Public Employment Relations Board, will be requested to provide a panel of five (5) arbitrators. Each of the two parties will alternately strike one name from the panel until only one name shall remain. The remaining name shall be the arbitrator. The decision of the arbitrator will be binding on the parties.
Legal Reference: Code of Iowa
Adopted: 07/12/84
Reviewed: 07/19/21
