Grievance Process

Below are the Grievance and Arbitration Procedures as outlined in Article 3 of our Collective Bargaining Agreement. If you feel you need to file a grievance or would like to talk to someone about a possible Contract violation, please contact your Building Representative or the Grievance Chair for your level.

Building Representatives

If you are a building representative and are investigating a possible grievance, please use this information sheet as a guide:

Member Concern Form (PDF)

Member Concern Form (Web Form)

Grievance and Arbitration Procedures

3:1 The purpose of this Article is to establish a procedure for the settlement of grievances which involve:

A. An alleged violation of a term or provision of the existing contract.

B. A grievance otherwise arising out of the employer-employee relationship involving wages, hours or other terms or conditions of employment.

All such grievances will be handled as provided in this Article.

3:2 No grievance shall be considered under the grievance procedure unless it is presented as provided below. A grievance must be referred to the next step as provided below or the grievance will be considered settled on the basis of the last answer given. If a grievance is once settled in any of the following steps, it shall be considered closed and shall not thereafter be subject to the grievance procedure or to arbitration.

3:3 All grievances over which a principal has no jurisdiction shall be submitted directly to the Superintendent within thirty (30) school days after the aggrieved party knows, or should have known, of the act or condition on which the grievance is based. Submission at any level within that thirty (30) school day period shall establish the timeliness of the grievance.

3:4 Step 1

Any teacher who has a grievance shall, with or without the Union Representative, discuss it first with the Principal in an attempt to resolve the matter at that level.

3:5 Step 2

If the grievance is not settled within ten (10) school days after presentation at Step l, the aggrieved party shall, within ten (10) school days thereafter set forth the grievance in writing to the Principal specifying:

(a) The specific nature of the grievance and date it occurred.

(b) The provision(s) of this Agreement which is alleged to have been violated.

(d) The results of previous discussions.

(e) The basis for dissatisfaction with the decisions previously rendered.

(f) The remedy which is desired.

The grievance shall be signed by the aggrieved teacher and Union Representative before being presented to the Principal in Step 2.

3:6 If the grievance is not received in writing by the Principal in Step 2 within thirty (30) school days after the aggrieved party knows, or should have known, of the act or condition on which the grievance is based, the grievance will be considered as waived. An alleged waiver will be subject to arbitration pursuant to the provisions of this Article.

The Principal shall act upon the grievance within five (5) school days after receipt at Step 2 and shall communicate a decision in writing to the UNION.

3:7 Step 3

If the issue is not resolved after Step 2, the grievance shall, within five (5) school days after receipt of the Principal's decision be submitted to the Superintendent of Schools. The Superintendent shall act upon the grievance within a period not to exceed ten (10) school days and shall communicate a decision in writing.

3:8 Step 4

The UNION, no later than ten (10) school days after receipt of the Superintendent's decision, may appeal the Superintendent's decision to the School BOARD. The appeal to the BOARD must be made in writing reciting the matter submitted to the Superintendent and the basis for dissatisfaction with the decision rendered by the Superintendent. The BOARD shall act upon the Appeal within a period not to exceed fifteen (15) school days. The BOARD shall communicate its decision in writing to the UNION.

3:9 Failure at any step of this procedure by the Administration to communicate a decision on a grievance within the specified time limits shall permit an appeal of the grievance to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step.

3:10 It is understood that teachers shall, during and notwithstanding, the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the BOARD until such grievance and any effect thereof shall have been fully determined.

Rights of Teachers to Representation

3:11 Aggrieved persons may be represented at all stages of the grievance procedure by themselves and by a representative selected or approved by the Nashua Teachers' Union.

3:12 When a grievant in Step l is not represented by the Nashua Teachers' Union in the processing of a grievance, the Nashua Teachers' Union shall at the time of submission of the grievance at Step 2 have the right to be present and present its position in writing at all meetings with the grievant held concerning the grievance and shall receive a copy of decisions rendered.

Arbitration

3:13 If a grievance involving the interpretation or application of a specific provision of this Agreement has not been settled after being fully processed through the grievance procedure above, then the UNION may submit such grievance to arbitration by giving written notice thereof to the BOARD no later than two (2) weeks after the completion of Step 4. The grievance shall be considered as having been settled in Step 4 unless it is so submitted to arbitration within such time limit.

3:14 The choice of the Arbitrator shall be by agreement of the parties. However, if such agreement has not been reached within one (1) week after the receipt of such written notice submitting the grievance to arbitration, the grievance may be referred by the UNION to the American Arbitration Association for the selection of an arbitrator in accordance with the rules then obtaining, of said Association applicable to labor arbitrations. Any arbitration hereunder shall be conducted in accordance with such rules, subject to the provisions of this Agreement.

3:15 Each grievance shall be separately processed in any arbitration proceeding under this Article.

3:16 There shall be no right to arbitration to obtain, and no arbitrator shall have any power to award or determine, any change in, modification or alteration of, addition to, or subtraction from, any of the terms of this Agreement.

3:17 The Arbitrator selected will confer with representatives of the BOARD and the UNION. The arbitrator will set forth findings in writing, and submit them to the BOARD and the UNION.

3:18 The operation of this grievance and arbitration agreement shall be subject to the provisions of Chapter 542 of the New Hampshire Revised Statutes Annotated.

3:19 If Chapter 542 should be held by the Supreme Court of New Hampshire to be inapplicable to employees in this bargaining unit, this article of the contract shall be renegotiated.

School Board Grievances

3:20 The School Board and its representatives (including the Superintendent, but excluding any other administrator) shall be entitled to file grievances against the UNION and its representatives involving the interpretation or application of a specific provision of this Agreement. Said grievance shall be submitted in writing to the UNION.

3:21 If said grievances cannot be resolved between the BOARD and the UNION, the BOARD shall be entitled to submit them to arbitration. It shall give the UNION written notice thereof not later than two (2) weeks following the date when it has been determined that the grievance cannot be settled or resolved. If said notice is not given within the required time, the grievance will be considered as waived.

3:22 If the grievance is not received by the UNION within thirty (30) days after the BOARD knows, or should have known, of the act or condition on which the grievance is based, the grievance will be considered as waived. An alleged waiver will be subject to arbitration pursuant to the provisions of this Article.

3:23 Released Time

Any teacher who has filed a grievance in accordance with the provisions of this contract will be granted released time as needed without loss of pay or loss of personal days for attendance at required grievance and/or arbitration hearings. The same privilege shall be granted to one UNION representative who attends said hearing with the teacher.