Catholic Teachers Union
Current Contract - Article VII Grievance Procedure

A. Definition.

    1.  A grievance is defined as an alleged violation, misinterpretation or misapplication of this Agreement.

B. Procedure.

    1.  Step 1. Any employee having a grievance shall submit a written, signed statement on a standard form to the school principal outlining the nature of the grievance, the specific section of the Agreement alleged to be violated, misinterpreted or misapplied and the remedy sought.  This statement must be in the school principal's office within ten (10) school days following the occurrence of or the common knowledge of the occurrence of the situation giving rise to the grievance.  The school principal shall meet with the employee and his/her Union representative, if any, within ten (10) school days following receipt of the grievance statement in order to discuss the grievance.  The school principal shall submit a written reply within five (5) school days thereafter.
   2.  Step 2. In the event that the school principal's reply is not satisfactory, or in the event that he/she does not submit his/her reply within five (5) school days, the employee may submit the grievance statement, along with the school principal's reply, if any, to the Superintendent of Schools.  The statement must be in the superintendent's office within five (5) school days following either the aforesaid reply or expiration of time to reply, as the case may be.  The superintendent shall meet with the employee and his Union representative, if any, within ten (10) school days following submission of the grievance statement in order to discuss the grievance.
Within five (5) school days thereafter, the superintendent shall submit a written reply.
    3.  Step 3A. In the event that the superintendent's reply is not satisfactory, and the grievance is not contesting the suspension or discharge of a tenured employee, the Union shall inform the superintendent within ten (10) school days.  The grievance will be submitted to a professional arbitrator from a panel of three arbitrators with Catholic school arbitration experience for a hearing.  Selection of the arbitrator for the hearing will be by mutual agreement or by alternately striking names until one remains who shall then be the selected person.  Within ten (10) school days from the date of the submission at (3A), the arbitrator shall convene a hearing at the School Office to hear the grievance.  Within fifteen (15) school days from the date of this meeting the arbitrator shall provide a written answer to the employee and his Union representative.  The costs of the arbitrator shall be borne equally by the Schools and the Union.  However, any additional costs shall be borne by the party incurring them.  The arbitrator shall have no power or authority to add to, subtract from, alter or modify this Agreement.  The disposition of the grievance by the arbitrator shall be final and binding on all concerned.
    4.  Step 3B. In the event that the superintendent's reply is not satisfactory, and the grievance is contesting the suspension or discharge of a tenured employee (except where such suspension or discharge results from a teacher violating the teachings of the Roman Catholic Church), the Union may submit the grievance statement within ten [10] school days, along with any replies thereto, to the American Arbitration Association (Philadelphia Office) for arbitration.  The selection of the Arbitrator and the conduct of the arbitration hearing shall be in accordance with the Association's rules.  The costs of the Arbitrator shall be borne equally by the Schools and the Union.  However, any additional costs shall be borne by the party incurring them.  The Arbitrator shall have no power or authority to add to, subtract from, alter or modify this Agreement.  The decision of the Arbitrator shall be final and binding on all concerned.
C.  Grievance Processing.
    1.  Every effort shall be made to resolve the problem at the local school level since all concerned agree that such problems can best be handled on a local level.
    2.  All grievance meetings shall be held outside of the employee's normal school work hours at a time mutually agreed upon by those involved.
    3.  Failure of the employee to file the grievance within the time limits specified at each step shall result in a disallowance of the grievance.
    4.  A teacher shall have the option of processing his/her grievance at any and all steps, except arbitration, on his/her own, without the assistance and participation of his Union representative if he/she so desires.  In such event the representative shall receive copies of all written documents if the grievance would have an effect on the Union or other employees.
    5.  No reprisal of any kind shall be taken against any employee who participates in the processing of a grievance or the Union representative involved.
    6.  The grievance may be withdrawn by the employee at any level.  However, the Union shall have the  option to continue such grievance if it affects a group of employees.
    7.  The disposition of any grievance at any step which is agreed upon by the School and the employee shall be final and binding on all concerned, subject, however, to the option of the Union to process a grievance which affects a group of employees.
    8.  The superintendent or the Union may request additional individuals to be present at the grievance meeting as it is determined to be necessary to assist in a full and fair grievance hearing.
    9.  A grievance involving the dismissal of an employee under tenure shall be initially submitted at Step 2 of the Grievance Procedure.
D.  The Union may initiate at the level of the superintendent a grievance regarding interpretation of the contract provided there is an actual case.  This means that an employee or employees must have in fact been affected by an administrative decision under the contract.  Assertions which in effect are seeking advisory opinions shall not constitute a grievance.

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