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Article 4 – Grievance Procedures

Article 4 – Grievance Procedures

4.01 - Definition: A grievance is defined as a claim by an employee or a group of employees that there has been a violation, misinterpretation or misapplication of any provision of this Agreement. A grievance shall be processed as hereinafter provided.

4.02 – Jurisdiction: Should a grievance arise as the result of an alleged violation of an Association right as identified in Article 2, and the grievant and the principal agree that the principal is without the authority necessary to resolve the issue, the grievant may file the grievance with the Superintendent and proceed through the grievance procedure from Level II forward.

  1. Representation: All members within the bargaining unit may have the right to be represented by the Association in the determination of a grievance. Nothing herein shall be construed to mandate Association representation of a bargaining unit member who is not also a member of the Association. However, nothing in this part shall be construed to prevent any member of the bargaining unit from presenting their own grievance in person or by legal counsel and having such grievance adjusted without the intervention of the bargaining agent if the adjustment is not inconsistent with the terms of this Agreement, and if the Association has been given the opportunity to be present at any meeting called for the resolution of such grievances.
  2. Rights: Nothing contained in the grievance procedure shall be construed to deny the Board, the Superintendent, the Association or any employee the rights guaranteed to them under the laws of the State of Florida or the United States of America.
  3. Responsibilities: The filing of a grievance shall in no way interfere with the right of the Board to proceed to carry out its management responsibilities, subject to the final resolution of the grievance. The employee shall abide by the management decision involved in any grievance, prior to and during the time the grievance has been filed and shall not discontinue their duties prior to and during the time a grievance is being processed.
  4. Expenses: Each party shall bear its own expenses in connection with arbitration and mediation; provided, however, the Association shall share equally with the Board only those fees and expenses of the arbitrator and witnesses called by the arbitrator.

  5. Waiver: By written agreement, the parties may waive hearing of a Formal Grievance (Level I) or a Formal Grievance (Level II).

4.03 - Filing:

  1. Grievance Forms: Grievance forms shall be available in electronic format on the District’s website or may be copied from Appendix B of this Agreement.
    1. Time Limits: Failure of the grievant to proceed with a grievance within the time limit herein provided shall bar the grievant from any further right to pursue that grievance. The time limits provided in this article may be extended by written agreement between the parties. If illness or any other incapacity of the grievant prevents attendance at any grievance meeting, the time limits shall be extended to such time that the grievant can be present.
    2. Working Days: For the purpose of this grievance procedure, working days are defined as days that the District office is open for business.
    3. Withdrawal: A grievance may be withdrawn by the grievant at any time and at any level of this procedure provided. Once the grievant withdraws a grievance and/or arbitration request, the matter shall be considered closed and final. The same grievance may not be filed a second time by the same party. A written record of withdrawal of the grievance and/or arbitration request shall be maintained in the grievance file.

4.04 - Hearings:

  1. Informal Grievance: If an employee believes that there is a basis for a grievance, they shall, within ten (10) working days of the alleged violation, or within ten (10) working days of the date of the employee’s proven knowledge of such violation, first discuss it in an informal manner with their immediate supervisor, either personally or accompanied by an Association representative, if the grievant so chooses. In the event that the grievant chooses to have an Association representative present, the grievant shall give the immediate supervisor at least seven (7) working days’ notice of the grievant’s request for a meeting, the intended presence of an Association representative, and the nature of the grievance. If the resolution of the grievance is not satisfactory to the grievant or if no disposition has been made within seven (7) working days following the informal discussion with their immediate supervisor, the grievant may, within seven (7) working days, file a formal grievance with their immediate supervisor on the form in Appendix B, and the levels of the formal grievance as provided in this Agreement shall be invoked.
  2. Formal Grievance:
    1. Level I: A copy of the grievance shall be forwarded by the grievant to the Superintendent and to the Association at the same time the grievance is filed with the immediate supervisor. The immediate supervisor shall meet with the grievant and their legal counsel or Association representative if the grievant so chooses, and attempt to resolve the grievance. Such meeting will require at least seven (7) working days’ notice and shall be held within seven (7) working days of the date of filing of the formal grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days of such meeting and shall furnish a copy thereof to the grievant, the Superintendent, and to the Association. If the grievant is not satisfied with the disposition of the grievance, or if no disposition has been made within the time limits as provided in Level I, the grievant may submit their grievance, as filed in Level I, to the Superintendent within seven (7) working days of the date of disposition or the expiration of time limits for a disposition.
    2. Level II: The Superintendent shall meet with the grievant and their legal counsel or Association representative if the grievant so chooses, within seven (7) working days of the date of filing and attempt to resolve the grievance. The Superintendent shall indicate their disposition of the grievance in writing within seven (7) working days of such meeting and shall furnish a copy thereof to the grievant, the immediate supervisor, and to the Association. In the event the grievant is not satisfied with the disposition of the grievance at Level II, or if no disposition has been made within the time limits as provided in Level II, the grievant, with the approval from and representation by the Association, may submit the grievance to arbitration or voluntary mediation in accordance with the rules of the American Arbitration Association.
    3. Voluntary Mediation: The parties agree to submit, if all parties to the grievance agree, any unresolved issues following Level II to voluntary mediation pursuant to the American Arbitration Association's (AAA) Grievance Mediation Procedures prior to initiating Level III of the grievance process as set forth below. If the parties submit a grievance to mediation the timelines are waived so long as the agreement to submit the grievance to mediation occurs prior to the timelines spelled out in Level III below. No decisions reached during mediation are binding on the parties unless the agreement is reduced to writing and signed by both parties. In the event that mediation is not successful in resolving the dispute, the matter may proceed to Level III.
    4. Level III: Submission of a grievance to arbitration shall be initiated by the grievant, their legal counsel or by their designated Association representative, by filing a written request with the American Arbitration Association and with the Superintendent within ten (10) working days of the date of the Level II disposition of the grievance or the expiration of time limits for a disposition or the close of any unsuccessful voluntary mediation. The disposition of the grievance made by the arbitrator shall be binding on both parties; providing that the arbitrator shall have no power to add to or subtract from, modify or otherwise alter the terms of the collective bargaining agreement. The Board and the Association will share any information relative to the disposition of the grievance prior to or during arbitration. Once the grievant withdraws a grievance and/or arbitration request, the matter shall be considered closed and final. A written record of the withdrawal of the grievance and/or arbitration request shall be maintained in the grievance file.
  3. Confidentiality: All meetings and hearings under the grievance procedure shall be held in private and shall include only such parties with an interest, their representatives, and witnesses as necessary.
  4. Release from Work: Grievances shall be processed during times which do not interfere with the grievant’s assigned duties, unless the parties agree otherwise. Temporary duty, without loss of pay, may be granted to employees whose attendance is required if grievance meetings are held during work hours.

4.05 – Disposition: The date of disposition shall be the date on which the immediate supervisor delivers the disposition to the grievant or the date of postmark in those instances where delivery is by U.S. Mail.

  1. Records: All official records of the processing of a grievance shall be confidential and be filed separately from the personnel file of grievant.
  2. Adjustments: Adjustment of any grievance described herein shall not be inconsistent with the provisions of this Agreement.