22. GRIEVANCE PROCEDURE

22.1 Purpose of Grievance Procedure

22.1.1 The purpose of this procedure is to secure, at the administrative level closest to the aggrieved person, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of ESP employees. Both parties agree that the proceedings shall be confidential at any level of the procedure.

22.1.2 To provide a standard procedure for ESP employees, the Board hereby adopts one procedure which shall be used by ESP employees. The following definitions, purpose, and procedure shall be observed.

22.2 Definitions (Grievance Procedure)

22.2.1 A "grievance" is a claim based upon an event or condition which affects the welfare and/or terms and conditions of employment of an ESP or group of ESP employees and/or the alleged misinterpretation or misapplication of any of the provisions of the agreement and/or Board policies which have not been resolved as a result of a conference with the principal in the office at the school center, or immediate supervisor elsewhere. Only grievances based upon a dispute involving the misinterpretation or misapplication of the agreement shall be arbitrable. All other grievances shall have Level III as the final step.

22.2.2 An "aggrieved" person is the person or persons making the claim.

22.2.3 A "party in interest" is the person or persons making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim.

22.2.4 The "Association" refers to the ESP employee organization that is recognized as the exclusive bargaining agent.

22.2.5 The term "ESP" shall be deemed to apply to and include Educational Support Personnel of the Board who are included in the ESP bargaining units.

22.3 Rights of ESP Employees to be Represented

22.3.1 An ESP shall have the right to be represented at Level I of the grievance procedure by the Association's building representative or a member of the Association staff. An ESP shall have the right to be represented at Level II and above by a member of the Association's staff.

22.3.2 An ESP has the right to represent himself/herself at Levels I, II, and III of the grievance procedure.

22.3.3 The ESP may request the building representative to be present at any meeting or conference related to an employee's conduct or performance.

22.3.4 ESP employees may request a member of the Association staff to be present at any meeting or conference related to an employee's conduct or performance where a county-level administrator is present.

22.3.5 ESP employees may request a member of the Association staff to be present at any meeting or conference where school security personnel and/or H.R.S. personnel are present.

22.4 Miscellaneous

22.4.1 If, in the judgment of the Association, a grievance affects a class of ESP employees, the Association may submit such grievances in writing directly to the Superintendent, and the processing of such grievance shall be commenced at Level II. The Association shall have the unilateral ability to file a grievance at Level II in its own name as a result of a procedural decision at the county level.

22.4.2 Decisions rendered at all levels will be in accordance with the procedures set forth by Board policy, rules and regulations of the State Department of Education, Florida Statutes, and this agreement.

22.4.3 Documents, communications, and records dealing with the processing of a grievance will not be placed in the personnel file of the participants.

22.4.4 Forms for filing grievances, serving notices, taking appeals, making reports, and recommendations and other necessary documents will be jointly prepared by the County Superintendent and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure. Each form will be in duplicate and signed by both parties, with each party retaining a copy.

22.4.5 The Board and Association agree to make available to the aggrieved person and his/her representative all pertinent information not privileged under law or Board policy, in its possession or control, and which is relevant to the issues raised by the grievance.

22.4.6 When it is necessary at Level II or III for an ESP to attend a meeting or hearing during the workday, the Superintendent's office shall so notify the supervisor of said ESP, and he/she shall be released without loss of pay.

22.4.7 No grievance shall be recognized unless it shall have been presented at the appropriate level within thirty workdays after the aggrieved person knew of the act or condition on which the grievance is based, and if not so presented, the grievance will be considered as waived.

22.4.8 No reprisals of any kind will be taken by the Board or by any member of the administration or instructional personnel against any party in interest, any Association representative, or any other participant in the grievance procedure by reason of such participation.

22.4.9 The Assistant Superintendent for Division of Human Resources shall be provided a written report at each level by the appropriate administrator, stating the grievance, decision reached and the basis for such decision. Copies of said reports, with names of parties and schools omitted, shall be available to the Association on request.

22.5 Procedures

22.5.1 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The time limits specified may, however, be extended or reduced by mutual agreement.

22.6 Pre-Grievance Conference

22.6.1 Before a dispute enters the Grievance Process, the ESP must request a conference with the administrator or other immediate supervisor to discuss and attempt to resolve the problem. This conference shall precede all other steps in the Grievance Procedure.

22.7 Level I

22.7.1 If the pre-grievance conference with the principal or immediate supervisor fails to solve the grievance, the person will file on a Level I form the grievance with his/her principal or immediate supervisor, either directly or together with the Association's representative, with the objective of resolving the grievance. A written disposition of the grievance will be given to the party in interest within ten workdays. Before a principal may make a written deposition of an adverse decision concerning a grievance, he/she must confer with his/her Area General Director.

22.8 Level II

22.8.1 If the aggrieved person is not satisfied with the disposition of his/her grievance at Level I, or if no decision has been rendered within ten workdays after he/she has first met with the appropriate supervisor, he/she may file the grievance on a Level II form with the Superintendent, with a copy to the General Director for Employee Relations, either directly or through the Association's representative after a decision by the aforesaid supervisor, within ten workdays. The Superintendent and/or his designee shall have ten workdays after receipt of the grievance in which to schedule a hearing.

22.8.2 The parties to the grievance may summon witnesses by notifying the General Director for Employee Relations in writing. The General Director for Employee Relations will notify the parties involved and witnesses of the date, time, and place of the hearing.

22.8.3 Those permitted in the hearing room during the Level II grievance hearing will include:

a. The Superintendent and/or designee.

b. General Director for Employee Relations, Hearing Officer.

c. Those named as filing the grievance, or in the case of a large group, representatives of that group.

d. CTA staff person, representing the grievant.

e. School system administrator(s) involved in the grievance.

f. The appropriate supervisory administrator, representing the administrator(s).

g. Secretaries to record the proceedings.

h. Other parties as deemed necessary by either the Association or the Administration.

22.8.4 The complete proceedings at Level II shall be recorded on tape.

22.8.5 Witnesses will remain in another room and will be called individually to testify. The Superintendent and/or his designee shall brief each witness as he/she enters the hearing room about the grievance. After the briefing, witnesses shall give a brief background and relate their experience with reference to the grievance.

22.8.6 The Superintendent shall render a written decision within fifteen (15) work days of the Level II hearing. Said decision shall be addressed to the grievant with copies to the other parties of interest.

22.8.7 All hearings held at Level II shall be in closed sessions and no news releases shall be made concerning progress of the hearings.

22.9 Level III

22.9.1 If the aggrieved person is not satisfied with the disposition of his/her grievance at Level II, or if no decision has been rendered within fifteen workdays after the Level II hearing, he/she may file the grievance at the School Board level on a Level III form. The Level III form must be filed with the General Director of Employee Relations, either directly or through the Association's representative, within five (5) work days of receipt of the Superintendent's decision or within (5) work days of the expiration of the time limit for rendering a decision.

22.9.2 Upon receipt of the appeal to Level III, the Superintendent shall notify the Board. The Board's secretary shall schedule a Level III hearing at the next available date.

22.9.3 The Superintendent and/or his designee shall submit a written report to the School Board and a copy to the Association. The report should set forth finding of fact, reasoning and conclusions on the issues presented at Level II.

22.9.4 The Association staff person shall submit a written report to the Board through the Superintendent and/or his designee. The report should set forth finding of facts, reasoning and conclusions on the issues presented at Level II.

22.9.5 Prior to the Level III hearing, the General Director for Employee Relations shall provide the Board and the Association with a verbatim record of the Level II hearing with supporting documents. In addition, they both shall be provided all the documentation to be considered at the Level III hearing.

22.9.6 The Level III hearing before the Board shall be an appeal of the Superintendent's decision at Level II. No witnesses shall be called and new evidence shall not be introduced.

22.9.7 The Level III hearing shall adhere to the following format:

a. The Association staff person (or grievant) shall have 15 minutes to present the grievant's appeal.

b. The Superintendent (or designee) shall have 15 minutes to justify the Level II decision.

c. The Association staff person (or grievant) and the Superintendent (or designee) shall each have five minutes for rebuttal.

d. The Board shall have the authority to question the representatives making the presentation.

e. The Association staff person and the Superintendent (or designee) shall each have two minutes for closing remarks.

f. The Board shall render its decision.

22.10 Level IV

22.10.1 If the grievance is not solved at Level III to the grievant's satisfaction, or if a written decision is not submitted within the designated time limits of Level III, the Association may move the grievance to arbitration by filing a Level IV form with the Superintendent.

22.10.2 Within ten workdays of receipt of the Level IV grievance, the Superintendent or his designee will meet with the Association for the purpose of selecting a mutually acceptable arbitrator.

22.10.3 If the parties cannot agree on an arbitrator within ten workdays, the American Arbitration Association or the Federal Mediation Conciliation Service will be petitioned by the Association to appoint an arbitrator.

22.10.4 The arbitrator shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue a decision. The arbitrator's decision shall be in writing and shall set forth findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding upon the parties.

22.11 Arbitrator Hearings

22.11.1 The arbitrator shall give at least ten workdays notice in writing to the Association and the Superintendent of the time and place of such hearing. The hearing shall be informal, and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all documentary evidence and other data deemed relevant by the arbitrator may be received in evidence. The arbitrator shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses, the production of books, records, and other evidence pertinent to the issues presented to him/her for determination.

22.11.2 The hearing shall be concluded within ten workdays of its commencement. Within ten workdays after the conclusion of the hearings, the arbitrator shall make written findings and a written opinion upon the issues presented, a copy of which shall be mailed or otherwise delivered to the parties involved. The decision of the arbitrator shall be final and binding upon the Association and the Board.

22.11.3 The arbitrator shall conduct the hearings and render a decision upon the basis of a prompt, peaceful, and just settlement of disputes between the ESP employees and the Board.

22.11.4 Fees and necessary expenses of arbitration shall be borne equally by the Association and the Board