1. Definition
 

A. “Grievance” - A claim by a custodial employee in the bargaining unit or the Union in the case of a grievance affecting Union rights that there has been a misapplication or misinterpretation of a specific section or sections of the Agreement.

B. “Days” - The term “days” shall mean calendar day(s).

A. Failure of grievant to proceed with a grievance within any of the time limits specified in this procedure shall render the grievance void or settled on the basis of the last decision given by management, unless both parties agree to an extension of the time limits. Failure of management to render a decision within any of the time limits specified in the Procedure shall entitle the grievant to progress the grievance to the next step without a decision.

B. The grievance procedure shall be kept confidential and as informal as practicable.

C. There shall be no additional evidence, material, allegation or remedy submitted by the grievant or his representative after the presentation of the Union at Step Two by the grievant or the Union unless mutually agreed to by the parties.

D. The grievant may be represented by the Union, limited, however, to a total of two (2) representatives at all formal levels of the grievance procedure except where otherwise provided.

E. Nonunion members of the bargaining unit shall be required to pay a reasonable fee for the processing of a grievance under the contract as established annually by the parties.

2. Within seven (7) days of the submission of the written grievance, the building principal shall communicate his or her written answer to the grievant.

3. Grievances involving maintenance employees or bus mechanics shall be submitted to their immediate supervisor in Step One. In the event that a grievance directly involves a decision of the Assistant Superintendent, Step One of the grievance procedure may be waived by mutual agreement of the parties, and the grievance may be initially filed at Step Two in the same manner as a Step One grievance.

4.The designated Union Steward may file and present grievances at Step One and Step Two on behalf of the grievant and/or the Union. Meetings with administrators to present a grievance will be arranged in advance.

Step Two
1. In the event the custodial employee is not satisfied with the disposition of the grievance the building principal, or in the event the building principal has not rendered a decision, the grievant may proceed to Step Two of the grievance procedure within ten (10) days of the answer of the building principal or the deadline date for a response by such principal.

2. If a grievance is timely appealed, the Business Manager or Assistant Superintendent or his designee shall hold a meeting with the grievant and the Union within five (5) days of the date of filing Step Two Grievance. The Assistant Superintendent or his designee shall have seven (7) days to make a written disposition to the alleged grievance.

3. A copy of the disposition shall be sent to the grievant and to the Business Representative of SEIU, Local 1-Division #208.

Step Three
1. A grievant may proceed to Step Three if he or she is not satisfied by the disposition or no answer given within the time limits which must be filed within ten (10) days of such answer or deadline date.

2. If the grievance is filed at Step Three in a timely manner, the Superintendent of Schools shall establish a hearing for such grievance within seven (7) days. The Superintendent may set an additional period of seven (7) days to gather additional information after such hearing.

3. Within ten (10) days of the hearing or end of additional investigative period, the Superintendent shall transmit his answer to the grievant and the Union.

Step Four
1. If the Union is not satisfied with the answer of the Superintendent, it may proceed with a Step Four Grievance by filing such grievance within ten (10) days of such answer.

2. Both parties may agree to the appointment of an impartial third party mutually agreeable to both as an arbitrator within ten (10) days of the timely filing of such grievance or the parties may mutually agree to the selection of an impartial member chosen from lists submitted by the Federal Mediation and Conciliation Service in accordance with their rules by striking names and listing the remaining names in preferential order. Within seven (7) days receipt of the list, representatives of the parties shall confer either in person or by telephone for the purpose of selecting an arbitrator. The arbitrators whose names have been crossed out by either party shall not be appointed. Of the remaining arbitrators on the list, the numerical ratings of those remaining shall be added together with the one with the lowest number being selected to hear the case. The cost of the arbitrator's personal fees and his expenses shall be shared equally by both parties.

3. The decision of the arbitrator shall be final and binding: provided, however,
 

(a) he shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement;

(b) he shall have no power to rule on the termination of services of any probationary employee; and,

(c) he shall have no power to create salary structures.

3. Claims for Back Pay
All grievances for back pay must be filed in writing within five (5) days from the time the alleged violation was to have occurred. The school employer shall not be required to pay back wages more than five (5) days prior to the date a written grievance is filed.
 

A. All claims for back wages shall be limited to the amount of wages that the school employee would otherwise have earned, less any unemployment or other compensation that he may have received from any source during the period of the back pay.

B. No decision in any one case shall require a retroactive wage adjustment in any other case.

C. Grievances involving payroll errors that are timely filed shall be paid back to the date of the error.

D. Arbitration Awards that call for back pay will be paid within thirty (30) days of the award provided that the award is not challenged in court or before the arbitrator.

E. In interpreting the contract and any statute or school regulation, the Arbitrator must construe such provision in accordance with the statutory or regulatory definition.

4. Miscellaneous

A. If any such alleged grievance arises, there shall be no stoppage or suspension of work or lockout because of such alleged grievance, but such alleged grievance shall be resolved through the procedures set forth herein.

B. The school employer may elect to separate the issue of arbitrability from the hearing, and the arbitrator shall first hear and decide that issue. If the school employer has raised the issue of arbitrability at a lower step of the grievance procedure, the fact that he has considered the merits of the dispute or attempted to resolve the grievance at a lower step does not constitute a waiver of the right to raise the issue of arbitrability.

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