GBK-R LRSD Board Policy

Published by jackbgarvey on Mon, 10/07/2013 - 15:31

LITTLE ROCK SCHOOL DISTRICT

NEPN CODE:  GBK-R

 

GRIEVANCE/CONCERNS/COMPLAINTS

Purpose:      

Some groups of employees are covered by grievance procedures defined in their respective negotiated agreement.  For those employees not covered by a negotiated agreement the following process will apply.

Communication and discussion can resolve the majority of questions and problems that cause difficulties between the employer and employee.  When resolution is not reached rapidly, the employer and the staff member may proceed to effect resolution in writing as defined in this procedure.

The purpose of the resolution procedures is to secure, at the lowest possible level, equitable solutions consistent with the legal standards of "due process,” to problems that may from time to time arise.  The purpose is to (obtain better understanding of policies, to) encourage employees to express themselves more effectively on subjects concerning conditions of employment, and to ensure to all employees that their questions and problems are considered fairly, rapidly and without reprisals.

Documents and Confidentiality   

All documents, communications and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants and will be destroyed three years after the last official entry.  All parties will hold the resolution proceedings in confidentiality at all levels.

Normally, the resolution process should be conducted at times that do not interfere with the assigned duties.

Process         

“Grievance” means any concern related to personnel policy, salary, federal or state laws(,) and regulations, or terms or conditions of employment, raised by an employee.

“Employee” means a person employed by a school district under a written contract.

The first step in the procedure is to seek an informal resolution between the employee and the immediate supervisor.  If the grievance is not resolved at the informal phase, the grievance is to be committed to writing and sent to the applicable supervisor within five calendar days of the incident resulting in the grievance.  The employee will immediately thereafter schedule a meeting with the appropriate supervisor to discuss the complaint and resolutions sought.  The parties should act in good faith to expedite the process.

Upon request, the applicable supervisor will schedule a meeting with the grievant within five workdays of receipt of the written grievance.   If the problem is not resolved in the meeting held with the supervisor, and the employee indicates a desire to pursue further,

a written request must be submitted within five workdays for an appeal to the Office of the Superintendent or designee.

Appeals        

The appeal will be heard in the Office of the Superintendent/designee within ten workdays of the request for an appeal.  An employee who has not been satisfied with the answer at the Superintendent’s level may request that the grievance be submitted to the Board of Education.  The request will include a written statement setting forth the issue(s) to be reviewed by the Board of Education and is to be addressed to the President of the Board c/o Superintendent’s Office.

Other Provisions

An employee seeking to resolve a grievance as defined above is required to use the terms and conditions of their negotiated agreement for resolution of grievances.  Employees not covered by a negotiated agreement are bound by the provisions of this  policy .  In either case, the responsibility for ensuring that the prescribed due process is adhered to and will not be circumvented is shared at all levels of the District, up to and including the Board of Education.

Employees who have begun or who are considering initiating a grievance procedure either under the terms of this policy or under the terms of a negotiated agreement are prohibited from undertaking any action that seeks to circumvent the prescribed process. Specifically, employees are prohibited from conveying or causing the conveyance of information about their grievance to members of the Board of Education prior to completing the chain of command process prescribed by policy or their negotiated agreement.  Employees must be aware that receipt of such information by a member of the Board may be cause for the Board member to recuse him/herself from an employee grievance hearing.

Likewise, members of the Board of Education, by definition of their role in the process, must refrain from any involvement in an employee grievance until the process formally reaches the Board as prescribed in this policy or a negotiated agreement.  Members of the Board should always encourage an employee to resolve a grievance or any other issue through the chain of command process prescribed by this policy or by a negotiated agreement.

 

Date:  October 27, 2005

Legal Reference:  Act 1357 of 2003