IX. GRIEVANCES

A. Only grievances alleging a violation of a specific section(s) of this agreement shall be considered.

B. In order to be considered, a grievance must be initiated by the employee or within ten days from the time when she or he knew or should have known of the claimed violation of the agreement. In cases where the claimed violation has been announced but not yet implemented, e.g., a job action to become effective at the end of a school year, the time for filing a grievance shall begin to run from the date of the announcement.

C. An employee who has a grievance shall discuss it first with his or her immediate supervisor in an attempt to resolve the matter informally at that level. Usually this will be the Department Head or Unit Director.

D. If, as a result of the discussion, the matter is not resolved to the satisfaction of the employee within five (5) days, he or she shall put the grievance in writing to the school principal or other supervisor where a teacher serves in more than one school. The grievance shall specify:

1) the nature of the grievance, the section of the Agreement alleged to be violated and date of occurrence

2) the nature and extent of injury, loss, or inconvenience

3) a description of any attempts to resolve the grievance informally

4) the remedy requested.

Absent extraordinary circumstances, the principal or other supervisor shall investigate the grievance and communicate his or her decision to the employee and to the Union, in writing, within seven days of the receipt of the written grievance.

E. An employee who is dissatisfied with the principal or other supervisor's decision may appeal to the Superintendent within seven days following the mailing of the principal or other supervisor's decision. The appeal must be in writing and must be accompanied by copies of all written materials exchanged at the first level. Absent extraordinary circumstances, the Superintendent shall meet with the employee and other interested persons and communicate his or her decision to the employee and to the Union, in writing, within fifteen days.

F. If the grievance is not resolved at the Superintendent's level the grievant may appeal to a panel of three neutral arbitrators if the employee so requests of the Union within seven days following the issuance of the Superintendent's decision and if the Union requests arbitration within fourteen days of the issuance of the Superintendent's decision. The three-neutral panel shall be chosen and shall conduct the arbitration in accordance with such rules as are not inconsistent with the R.I. Gen. Laws. The parties may use the services of the American Arbitration Association, the Arbitration Office of the R.I. Superior Court, JAMS/ADR or such other similar organizations as the parties may agree upon. If the parties are unable to agree on the organization and rules for the conduct of the three-neutral arbitration panel within thirty days following the request for arbitration, either party may request the Presiding Justice of the Superior Court or any other justice of the Superior Court whom the Presiding Justice shall nominate, to choose the arbitration panel.

G. Neither the Committee nor the Union will restrain, coerce, or otherwise interfere with an employee relative to the initiation or processing of a grievance.

Representatives of the Union may be present at all formal levels of the grievance procedure.

H. Each party shall bear its own costs. The cost of the arbitration shall be born equally by the Committee and Union.

I. The Union may bring a grievance on behalf of more than one employee and where the issue concerns a matter involving employees at more than one building or more than one immediate supervisor, the grievance shall be filed with and initially considered by the Superintendent .

J. If a principal, the Superintendent, other supervisor, or the Committee, fails to issue either a decision on a grievance within the specified time limits or notify the grievant that a specific amount of additional time is required due to extraordinary circumstances, the grievant may proceed to the next step of the grievance procedure. If a grievant fails to appeal a decision to the next step within the specified time limits, the right to any further review shall be forfeited.