ARTICLE XIV

Grievance Procedure

1. In the operation of any school system, honest disagreements will arise as to the most effective way to achieve good education. In most cases such disagreements are resolved through discussions which take place in an atmosphere of good will.

However, there may arise problems which one or more parties believe have not been successfully resolved through informal procedures. In order to assure a vehicle for pursuing the desired goals in a further and formal way, the following grievance procedure is hereby adopted.

Grievances involving general application shall be advanced to or be initiated at Section 6 (Diocesan Level) of this procedure by mutual agreement of the System and the Association.

2. A representative of the Association shall be given the opportunity to be present at all levels of the grievance procedure. The Association may initiate or appeal a grievance for any teacher or on its own behalf.

3. A teacher having a complaint may on his/her own behalf or accompanied by a representative of the Association present it to the Principal of the school or his/her designated representative within seven (7) school days after the cause of the complaint arises or could have been commonly known, or could have been known by the grievant. The parties shall make every effort to resolve it at this level.

3a. When the Association has a complaint, it may present it to the System within seven (7) school days after the cause of the complaint arises or could have been commonly known, or could have been known by the Association. The parties shall make every effort to resolve it at this level.

4. A grievance shall be reduced to writing using the standardized Grievance Form (Exhibit D) and presented to the school Principal within seven (7) school days of the completion of the previous step, or within seven (7) school days after the cause of the complaint arises or could have been commonly known, or could have been known by the grievant. The Principal shall answer the grievance in writing within seven (7) school days. The Principal shall forward a copy of the grievance and his/her reply to the System and the Association.

4a. A grievance filed by the Association against the System shall be reduced to writing using the standardized Grievance Form (Exhibit D) and presented to the System within seven (7) school days of the completion of the previous step, or within seven (7) school days after the cause of the complaint arises or could have been commonly known, or could have been known by the grievant. The System shall answer the grievance in writing within seven (7) school days.

4b. During the school year, all grievance meetings or hearings shall be scheduled so as not to interfere with the school schedule in operation unless mutually agreed to by the Association and the System. During the summer, grievance meetings or hearings shall be scheduled on any week day at a time mutually agreed to by the parties.

Within seventy-two (72) hours of the grievance being moved to the next level, the parties shall exchange dates and times for scheduling the grievance meeting or hearing so that it will occur within forty-five (45) days of the date the matter was moved to the next level. The parties may, by mutual agreement, extend the time for this meeting.

If the grievant does not attend the meeting or hearing scheduled by the System and the Association, in the absence of extenuating circumstances that would preclude attendance, the grievance shall be deemed withdrawn.

5. If the Principal’s or the System’s response is not satisfactory, the grievance will, within ten (10) school days of the notification, be discussed among the teacher, the Senior Delegate, the Principal, the representative(s) from the Association, and the representative(s) from the System with the purpose of resolving the grievance.

If the grievance is resolved at this level, a written resolution shall be agreed to by the Association and the System within ten (10) school days of the meeting.

6. In the event the grievance is not resolved, the teacher or the Association shall give written notice within five (5) school days to the System of intent to raise the grievance to the next level. Thereafter, the teacher, the Association representative(s), the Principal, the Superintendent for Secondary Schools or his/her designee(s) shall meet within ten (10) school days for the purpose of resolving the grievance. The written notice must contain specific reasons why the grievance is being raised to the next level.

The determination of the Superintendent for Secondary Schools or his/her designee shall be forwarded to the System and the Association within ten (10) school days of the hearing, unless the time limit is changed by mutual agreement of the Association and the System.

7. In the event the grievance is not resolved, it may be submitted to the Diocesan Appeal Board by the grievant within ten (10) school days after the preceding steps, and the Appeal Board shall meet with the parties and decide the issue within fifteen (15) school days in accordance with this Agreement (unless the time is modified in writing by mutual agreement of the System and the Association). The written notice of appeal must contain specific reasons why the grievance is being appealed.

The person from the System who renders the decision on the Superintendent’s level of the grievance procedure will not sit as a member of the Diocesan Appeal Board.

8. In the event that either the Association or the System is dissatisfied with the decision rendered by the Diocesan Appeal Board, either one shall have the right to demand arbitration of the issue except as otherwise provided in the terms of this Agreement.

9. Said party shall give written notice of its intention to arbitrate within ten (10) school days upon receipt of notification of the decision by the Diocesan Appeal Board and shall designate one (1) member of a three (3) member arbitration panel. Thereafter, the other party shall designate, within five (5) school days, its member of the arbitration panel.

10. Thereafter, the two (2) members of the arbitration panel so designated shall select, within seven (7) school days, a third member from among a list submitted by the American Arbitration Association in accordance with its Labor Arbitration Rules.

11. The arbitration panel shall meet within two (2) weeks after its selection and shall render a decision in writing within two (2) weeks after its last official hearing, unless the time limit is modified in writing by mutual agreement of the System and the Association.

12. Decisions of a majority of the arbitration panel shall be final and binding on both parties.

13. Compensation and costs for the third member of the arbitration panel shall be borne equally by the parties.

14. Failure by the System or any of its representatives to comply with any time limit specified at any step of this procedure shall automatically advance the grievance to the next step of this procedure unless modified in writing by mutual agreement of the System and the Association.

15. A matter to be arbitrable shall arise from or involve a grievance over the interpretation or application of the contract language or any alleged violation thereof. Changes in this Agreement or changes in the salary schedule are not matters subject to arbitration.

The arbitration panel shall have the jurisdiction and authority to determine whether a violation has occurred. The arbitration panel shall not have the power to alter the provisions of this Agreement in any way.

15a. Grievances arising in relation to a local school practice shall not be appealed beyond the Diocesan Appeal Board and the ruling of the Board shall apply only to that particular school.

15b. Grievances arising in relation to a System practice shall not be appealed beyond the Diocesan Appeal Board and the ruling of the Board shall apply to the System or the individual schools as deemed appropriate by the Board.

15c. Claims concerning sexual harassment made against an individual who is not a member of the bargaining unit, or who is a deacon, are not subject to the grievance and arbitration provisions in this Article XIV, but may, at the option of the teacher, be processed under the System’s Sexual Harassment/Misconduct Policy, as promulgated by the System from time to time.

Claims concerning sexual misconduct made against an individual who is not a member of the bargaining unit are not subject to the grievance and arbitration provisions in this Article XIV, and are processed under the appropriate office of the Archdiocese of Philadelphia.

Claims concerning sexual misconduct made against a bargaining unit member shall be processed in accordance with Article XIV and Article IV, Section 5a.

16. There shall be no curtailment of teacher services, limitation of performance of assigned duties, strike nor teacher stoppage for the duration of this Agreement.