Article 17. Grievance Procedure

EM-R and District 623 recognize that differences of opinion will occur from time to time over working conditions, relationships, employer and employee expectations, policy and the interpretation and application of the contract. The parties affirm that differences of opinion are acceptable and normal. The parties also believe that differences of opinion should be discussed and resolved openly in the least controversial manner and in a non-threatening environment.

EM-R and the District encourage teachers and administrators to attempt to resolve any differences directly, openly and honestly. The parties believe that individuals or groups of teachers and/or EM-R should bring concerns to the administrators in an informal setting as soon as differences of opinion have been identified. If the differences cannot be resolved at the lowest possible level, either party may ask and reasonably expect that other appropriate personnel become involved in further discussions.

EM-R and the District believe this process should encourage timely discussions and resolutions of problems in as short a time span as possible. Both EM-R and the District will make every reasonable effort to encourage and facilitate expedient and timely use of the Process for Problem Solving.

A grievance shall mean an allegation by a teacher(s) resulting in a dispute or disagreement between the teacher(s) and the School Board or its designated representative, as to the interpretation or application of the terms and conditions of this Contract.

A teacher, or the Exclusive Representative, or the School Board and its designated representative may be represented during any step of this procedure by a person or agent designated by such party to act in their behalf.

Subd. 1 Definitions. Terms in this procedure shall take the definitions as stated in Article Three of this Contract unless otherwise provided in this section. Terms not defined in this section or in Article Three shall be as defined in the PELRA.

Subd. 2. Days. Reference to days shall mean working days as defined in Article Three. Working days shall not include Saturdays or Sundays, the days that fall during the Thanksgiving holiday and the winter holidays in December and the first week in January, or the days during the spring break.

Subd. 3. Computation of Time. In computing any period of time prescribed or allowed by this procedure, the date of the act, event, or default for which the designated period of time begins to run, shall not be included. The last working day of the period so computed shall be counted.

Subd. 4. Time Limits. The time limits in this procedure shall be strictly adhered to accept as extended by written agreement of the parties.

Subd. 5. Filing and Postmark. The filing or serving of any notice or documents related to this procedure, when sent by U.S. Postal Service, shall be by certified mail with return receipt requested. The notice or document so sent shall be timely if it bears a date of the U.S. Postal Service on the return receipt and such date is within the time period designated herein.

Subd. 6. Delivery of Notice. The filing or serving of any notice or documents related to this procedure, when delivered by methods other than the U.S. Postal Service, shall be delivered within the time period designated herein according to the following guidelines: The filing or serving of any notice or document by the School Board or its designated representative shall be complete when such notice is presented to the Exclusive Representative or its office staff, the grieving teacher or designated representative. The filing or serving of any notice or document related to this procedure by the Exclusive Representative shall be complete when such notice is presented to the designated representative of the School Board or office staff at the appropriate level. The recipients of such notice or document shall sign a receipt attesting to the delivery if so requested at the time of delivery.

Subd. 7. Waiver of Steps. The School Board or its designated representative and the Exclusive Representative, or the grieving teacher or designated representative may waive a level or levels of the grievance procedure upon execution of a written agreement to do so.

Subd. 8. Failure to File or Appeal. The failure to file a grievance in writing or to appeal a grievance from one level to another within the time periods provided in this procedure shall constitute a waiver of the grievance.

Subd. 9. Hearing of Grievances. Hearing of grievances normally shall be held during the duty day but outside student-contact responsibilities of the teacher. Teachers involved in a grievance shall not be deducted wages or leave time when attending a grievance hearing established by the School Board or its designated representative. In the event the Exclusive Representative decides not to proceed further with a grievance, and provides written notice to that effect, the Exclusive Representative shall be notified of and allowed to have representatives at all additional grievance proceedings but shall not be liable for any expenses of such additional proceedings.

Subd. 10. Denial of Grievance. Failure by the School Board or its designated representative to issue a written decision within the time periods provided herein shall constitute a denial of the grievance and the teacher may appeal it to the next level.

Subd. 11. The exclusive representative will file all grievances on behalf of membership.

Subd. 12. Class Grievance. A class grievance shall be defined as a single or an in-common occurrence affecting a group of three or more teachers in two or more buildings and shall be signed by at least two of the affected teachers and the Exclusive Representative and filed with the principal(s) or immediate supervising administrator(s). In the event a class grievance is signed by at least two (2) teachers, each from a different building, the Exclusive Representative may file such grievance at Level II. The Exclusive Representative may appeal a class grievance from Level II to Level III.

The School Board or its designated representative and the teacher or the Exclusive Representative or a designated representative shall attempt to adjust all grievances which may arise during the course of employment of the teacher within the School District in the following manner:

Subd. 1. Level I. Whenever a grievance exists, the grieving teacher shall try to resolve the differences informally through discussion with the building principal or the immediate supervising administrator. A teacher who is not satisfied with the informal adjustment of the grievance, shall, within thirty (30) working days of when the grieving party through the use of reasonable diligence, should have had knowledge of the event or act giving rise to the grievance, reduce the grievance to writing and file it with the building principal or immediate supervising administrator on the form set forth in Appendix E. This written statement must be dated and signed by the teacher and the Exclusive Representative and shall set forth the facts and state the provisions of this Contract alleged to have been violated. The principal or immediate supervising administrator may meet with the teacher to discuss the grievance and shall indicate disposition of the grievance in writing, with a copy to the teacher and the Exclusive Representative within fifteen (15) working days of the receipt of the written grievance.

Subd. 2. Level II. If the grievance is not satisfactorily resolved at Level I, a written copy of the grievance shall be filed with the Superintendent or appropriate Director within fifteen (15) working days after receipt of the written reply from the principal or immediate supervising administrator. The Superintendent or their delegated agent may meet with the teacher to discuss the grievance, and shall meet upon written request of the teacher. The Superintendent or their delegated agent shall indicate the disposition of the grievance in writing with a copy to the teacher and the Exclusive Representative within fifteen (15) working days of the receipt of the written appeal to the second level.

Subd. 3. Level III. If the grievance is not satisfactorily resolved at Level II, a written copy of the grievance shall be filed with the School Board within fifteen (15) working days after the receipt of the written reply from the Superintendent or their delegated agent. Within twenty (20) working days of the receipt of the properly executed appeal, a sub-committee of the School Board shall meet with the teacher and the Exclusive Representative to hear a grievance properly appealed to Level III. A written disposition of the grievance shall be executed by the School Board or its delegated agent within fifteen (15) working days of such meeting. In the event a hearing is not requested, a written disposition of the grievance shall be executed by the School Board within twenty (20) working days of the appeal. If the grievance is not satisfactorily resolved as a result of action at Level III, it may be referred to arbitration following the written decision of the Superintendent.

Subd. 4. Review of Decision. In any case, the School Board reserves the right to review a decision at Level I or Level II of the grievance procedure. If the School Board desires to review a decision, it shall be so indicated in writing to the teacher and the Exclusive Representative within five (5) working days of the written decision at that level and shall issue its written decision within twenty (20) working days of statement of intent to review.

If the formal grievance is not resolved, either party may request mediation of the grievance by the Bureau of Mediation Services in accordance with their rules (within 20 days of Level III denial.) If either party requests mediation, the timeline for the arbitration phase does not start until mediation is complete.

In the event that the teacher and the School Board are unable to resolve any grievance, the grievance may be submitted to arbitration only by the Exclusive Representative or the School Board as defined herein:

Subd. 1. Request for Arbitration and Selection of Arbitrator. A request to submit a grievance to arbitration must be in writing signed by the Exclusive Representative and such request must be filed in the office of the Superintendent within ten (10) working days following receipt of the decision in Level III of the grievance procedure. A written request for a list of arbitrators pursuant to M.S. 170A.21, Subd 2, must be made within twenty (20) working days after the request for arbitration. The parties will strike from the list of arbitrators provided by the BMS.

Subd. 2. Prior Procedure Required. No grievance shall be considered by the arbitrator which has not been first duly processed in accordance with the grievance procedure and appeal provisions.

Subd. 3. Hearing. The grievance shall be heard by a single arbitrator and both parties may be represented by such person or persons as they may designate, and the parties shall have the right to a hearing at which time both parties will have the opportunity to submit evidence, offer testimony, and make oral or written arguments relating to the issues before the arbitrator. The proceeding before the arbitrator shall be a hearing de novo. Neither party shall be permitted to assert any ground or to rely on any evidence which was not disclosed to the other party prior to the date of the arbitration hearing.

Subd. 4. Decision. The decision by the arbitrator shall be rendered within thirty (30) working days after the close of the hearing. Decisions by the arbitrator in cases properly before him/her shall be final and binding upon the parties as provided by the PELRA as amended.

Subd. 5. Expenses. Each party shall bear its own expenses in connection with arbitration including expenses relating to the party's representatives, witnesses, and any other expenses which the party incurs in connection with presenting its case in arbitration. A transcript or recording shall be made of the hearing at the request of either party. The parties shall share equally fees and expenses of the arbitrator, the cost of the transcript or recording if requested by both parties, and any other expenses which the parties mutually agree are necessary for the conduct of the arbitration.

Subd. 6. Jurisdiction. The arbitrator shall have jurisdiction over disputes or disagreements relating to grievances properly before the arbitrator pursuant to the terms of this procedure. The jurisdiction of the arbitrator shall not extend to proposed changes in terms and conditions of employment as defined herein and contained in this written Contract; nor shall an arbitrator have jurisdiction over any grievance which has not been submitted to arbitration in compliance with the terms of the grievance and arbitration procedure as outlined herein. In considering any issue in dispute, in its order the arbitrator shall give due consideration to the statutory rights and obligations of the public school boards to efficiently manage and conduct its operations within the legal limitations surrounding the financing of such operations.