2 Atisbos del México moderno

EFFECTS OF THE CONTRACT

Section 1. The agreements in this Contract shall supersede any rules, regulations, or practices of the Board which are contrary to or inconsistent with the terms recorded herein.

Section 2. Any individual contract between the Board and an individual teacher shall be consistent with the terms and conditions of this contract. If an individual contract made subsequent to this Contract contains any language inconsistent with this Contract, this Contract shall prevail.

Section 3. If any provisions of this Contract or any applications of this Contract to any employee or group of employees is held to be contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.

Section 4. The exercise of rights under this Contract shall not be the cause of any reprisal against any participant exercising such right.

Section 5. It is agreed between the parties that all items not covered herein and deemed negotiable shall be considered settled and/or dropped for this bargaining period by the Association and that there shall be no further negotiations on any item during this contract period.

Section 6. All captions contained in this Contract are for descriptive purposes only and no meaning is to be inferred from their use.

ARTICLE XVIII

GRIEVANCE PROCEDURE

Section 1. Definitions

A. A "grievance" is a claim by one (1) or more teachers as an individual or class action of a violation, a misapplication or misinterpretation of this Contract.

B. The term "Teacher" includes any individual or group of individuals within the bargaining unit.

C. The term "day" when used in this article shall be school teaching days.

Section 2. Purpose. The purpose of this grievance procedure is to settle equitably, at the lowest possible administrative level, issues which may arise from time to time with respect to specific claims of violation, misapplication or misinterpretation of the provisions

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of this Contract. Both parties agree that these proceedings shall be kept confidential at each level of procedure.

Section 3. Procedure

A. In the event that a teacher believes there is a basis for a grievance, he/she shall first discuss the alleged grievance with his/her building principal or immediate supervisor, either personally or accompanied by an Association representative.

B. If, as a result of the informal discussion with the building principal or

immediate supervisor, a grievance still exists, he/she may invoke the formal grievance procedure through the Association. The form, Appendix D, shall be available from the Association representative in each building. A copy of the grievance form shall be delivered to the principal if the grievance involves more than one (1) school building, it may be filed with the superintendent or his/her appointed designee. The grievance must be filed within 30 days after the contract violation occurs, or within 30 days after the teacher reasonably knows or should have known of the violation. If not so timely filed the grievance is waived.

C. Within five (5) calendar days of receipt of the grievance, the principal shall meet with the Association in an effort to resolve the grievance. The principal shall indicate his/her disposition of the grievance, in writing, within five (5) calendar days of such meeting and shall furnish a copy thereof to the Association.

D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) calendar days of such meeting or ten (10) calendar days from the date of filing, whichever shall be later, the grievance shall be transmitted to the superintendent. Within seven (7) calendar days. the superintendent or his/her designee shall meet with the Association on the grievance and shall indicate his/her disposition of the grievance, in writing, within five (5) calendar days of such meeting and shall furnish a copy thereof to the Association.

E. If the Association is not satisfied with the disposition of the grievance by the superintendent or his/her designee, or if no disposition has been made within five (5) calendar days of such meeting or ten calendar days from the date of filing, whichever shall be later, the grievance may be submitted to binding arbitration.

1. The selection of the arbitrator and the rules governing the arbitration proceeding shall be in accordance with the rules of the American

Arbitration Association. The arbitrator shall have no power to alter, add or subtract from the terms of this agreement.

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2. The Board and the Association shall not be permitted to assert in such arbitration proceedings any ground or to rely on any evidence not previously disclosed to the other party.

3. Both parties agree to be bound by the award of the arbitrator.

4. The fees and expenses of the arbitrator shall be borne equally by the Board and Association.

F. Within fifteen (15) days of written application for an American Arbitration Association arbitrator, the Association or Board may request a pre-arbitration conference (similar to a pre-trial conference) to be held within fifteen (15) days of said request unless mutually extended. At said conference, the parties shall be afforded full discovery, exchange witness lists, documentary evidence, and attempt to reach agreement on the issues.

G. The time limits provided in the Article shall be strictly observed but may be extended by a written contract between the parties. In the event a grievance is filed after May 15th of any year, the Board shall cooperate in processing such grievance prior to the end of the school year.

H. Notwithstanding the expiration of this contract, any claim or grievance arising thereunder may be processed through the grievance procedure to resolution.

I. If, in the judgment of the Association, a grievance affects a group or class of teachers, the Association may submit such grievances, in writing, to the superintendent or his/her designee directly and the processing of such grievance shall be commenced at Step Two (2) of the formal grievance procedure.

J. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.

ARTICLE XIX