Conferences held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for all persons entitled to be present to attend, including witnesses. The UNION shall have the right to be present at each stage of the grievance procedure and to present its views and introduce evidence. Every effort shall be made to hold such conferences during the school day and when held during the school day all participants shall be entitled to attend without loss of pay.

If the grievant fails to appear at a scheduled grievance conference, and fails to appear at another grievance conference scheduled at the grievant’s or the UNION’s request, the grievance shall be deemed to have been resolved, provided that the grievant was given notification of said conference in accordance with the appropriate step of the grievance procedure. The provisions of Article 3-5 are applicable in the scheduling of said conferences.

A sincere attempt should be made to resolve any dispute on an informal basis between the grievant or the UNION delegate or UNION and the principal or the grievant’s head administrator if the grievant is not assigned to an individual school before the dispute becomes formalized as a grievance.

A grievant or the UNION shall file grievances in writing within forty-five school days after the occurrence of the event giving rise to the alleged violation, or within forty-five school days from the time the grievant or the UNION should reasonably have become aware of the occurrence of the event giving rise to the alleged violation, whichever is later, except in the case of a salary grievance. For salary grievances filed on or after November 1, 2012, the grievant or the UNION may file a grievance within three calendar years of the date on which the salary grievance arose. Salary grievances filed within three calendar years shall be deemed timely.

A grievance must bear the signature of the grievant, the UNION delegate or the UNION President, specifying the complaint(s) and/or violation(s) alleged and a brief statement of facts sufficient to allow a response.

If two or more grievants have the same grievance, a joint grievance may be presented and processed as a single grievance. Further, the parties by mutual agreement may consolidate other grievances

Upon receipt of a grievance in writing, the principal or the grievant’s head administrator if the grievant is not assigned to an individual school shall confer within five school days with the grievant and others involved in the grievance. At this conference the facts shall be discussed, and an effort shall be made to adjust the matter to the satisfaction of all concerned.

The grievant may be heard personally and may be represented by the UNION delegate, the UNION President or the UNION President’s designee.

The principal or the grievant’s head administrator if the grievant is not assigned to an individual school shall make a decision and communicate it and the bases for the decision in writing to the grievant, the UNION delegate or UNION designee and the Director of Employee Engagement within five school days after the completion of the conference.

Within fifteen school days after receiving the decision of the principal or the grievant’s head administrator if the grievant is not assigned to an individual school, the grievant, through the UNION, may appeal to the Chief Executive Officer or the Director of Employee Engagement or his or her designee. Copies of the original grievance, the appeal and any decision rendered shall be forwarded to the Director of Employee Engagement with the request for review

The Chief Executive Officer or the Director of Employee Engagement or his or her designee shall meet within ten school days with the grievant, his or her UNION representative, if any, and the principal or head administrator. The Chief Executive Officer or his or her designee will give all participants three school days’ notice of the time and place of the meeting in writing. By mutual consent, the parties may conduct the meeting via electronic means including, but not limited to, video-, virtual- and tele-conferencing.

Conferences held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for all persons entitled to be present to attend, including witnesses. The UNION shall have the right to be present at each stage of the grievance procedure and to present its views and introduce evidence. Every effort shall be made to hold such conferences during the school day and when held during the school day all participants shall be entitled to attend without loss of pay.

The UNION may present up to two witnesses, in addition to the grievant(s), at a grievance meeting at the Central Office level. Additional witnesses shall be allowed with the Chief Executive Officer’s or his or her designee’s permission. If witnesses are called at the grievance meeting, the Chief Executive Officer may require that the hearing be conducted via electronic means (e.g., video conferencing or telephonically).

The Chief Executive Officer or the Director of Employee Engagement or his or her designee shall issue a written decision and communicate the same and the bases for the decision to the parties involved within twenty school days after completion of the conference.

The UNION may initiate or appeal a grievance at any step of the grievance procedure.

The BOARD and the UNION shall establish a permanent panel of four neutral grievance mediators. Mediators may be removed from the permanent panel by written notice from one party to the other requesting removal. Cases pending before a removed mediator shall not be affected. The parties shall make every effort to agree upon a substitute mediator.

If the parties cannot mutually agree to a resolution, they may mutually agree to table and further mediate the grievance at a subsequent mediation session. Absent a resolution or an agreement to table the grievance, the grievance will proceed to arbitration. Any grievance agreed to be submitted to mediation (other than under Article 29-4 or 29-5) and not considered by the mediation panel within sixty school days after the request for mediation will be submitted to arbitration.

Simultaneously with a demand for arbitration under this Article, the UNION may submit a written request for mediation to the Director of Employee Engagement. The grievance will proceed to mediation unless the Director of Employee Engagement notifies the UNION, in writing, within ten school days that the BOARD does not agree to submit the grievance to mediation. Within ten school days of receiving the UNION’s demand for arbitration of a particular grievance, the Director of Employee Engagement may request, in writing, that the grievance be submitted to mediation. Any such grievance will proceed to mediation unless the UNION notifies the Director of Employee Engagement, in writing, within ten school days that it does not agree to submit the grievance to mediation.

The UNION and the BOARD may at any time agree to use the mediation procedures of this Section to assist in the resolution of grievances.

The parties shall establish a permanent panel of ten arbitrators to conduct hearings and to issue final and binding awards on grievances. Arbitrators shall have no jurisdiction to hear disciplinary matters except as specifically set forth in this Agreement. Arbitrators may be removed from the permanent panel by written notice from one party to the other requesting removal. Cases pending before a removed arbitrator shall not be affected. The parties shall make every effort to agree upon a substitute arbitrator. In no event may the arbitration panel be fewer than seven arbitrators. The parties will add additional arbitrators to their standing panel and explore options on how best to utilize available arbitrators.

Within fifteen school days after receiving the decision of the Chief Executive Officer or the Director of Employee Engagement or his or her designee, pursuant to Article 3-7 or 3-8, the UNION only may file a demand for arbitration with the Director of Employee Engagement. Within fifteen school days thereafter, the parties will mutually agree to an arbitrator for that grievance, selecting from the permanent panel. If the parties cannot mutually agree upon an arbitrator, then the arbitrator shall be selected through a striking process with the UNION striking first and then the BOARD until one arbitrator remains. Within five school days of selection of an arbitrator, the parties will contact the arbitrator directly and notify the arbitrator of his or her appointment, request available hearing dates and mutually agree to a hearing date. At least seven calendar days before the hearing, the arbitrator shall mail notice of the date, time and place of the hearing to the BOARD and the UNION. The arbitrator for good cause shown may postpone the hearing or extend any period of time upon request of a party or upon his or her own initiative and shall postpone the hearing or extend any period of time upon mutual agreement of the parties.

Whenever the UNION requests the issuance of subpoenas for the appearance of witnesses at an arbitration hearing, the UNION shall immediately forward copies of such requests to the Director of Employee Engagement. The UNION shall agree to pay the full cost of substitute service for the bargaining unit employee required to appear as a witness at said arbitration hearing.

Within sixty calendar days after the closing of the record, the arbitrator shall render a decision and opinion. The decision shall be final and binding on the parties. The cost of the arbitrator shall be equally shared by the parties.