ARTICLE 31: GRIEVANCE PROCEDURE
31.01 A teacher may file a grievance against the School Board or the Department of Education in the manner prescribed herein on the teacher’s own behalf or on behalf of themselves and one or more teachers.
31.02 A teacher or a group of teachers who have a grievance over a matter which is within the scope of authority of a School Board shall submit the grievance in writing to the Assistant Director of Education for Human Resources, or the Directeur général adjoint (Finances et Administration), with respect to the Conseil scolaire francophone provincial de Terre-Neuve-et-Labrador within fifteen (15) calendar days of the occurrence or discovery of the incident giving rise to the grievance stating the names of the employees concerned, the precise nature of the grievance, the Article and Clause of the Agreement over which the grievance arises, and the relief requested.
31.03 Where a grievance has been filed in accordance with Clause 31.02, the Assistant Director of Education, or the Directeur général adjoint, accompanied by such other School Board representatives as may be deemed necessary, shall, within fifteen (15) calendar days after receipt of the grievance, meet with the aggrieved teacher or group of teachers to endeavour to resolve the grievance. The teacher or group of teachers may be accompanied at this meeting by a representative of the Association or a local branch thereof.
31.04 The decision on the grievance shall be transmitted in writing by the Assistant Director of Education, or the Directeur général adjoint, to the aggrieved teacher or group of teachers within ten (10) calendar days after the meeting referred to in Clause 31.03. In all grievances, the Assistant Director of Education, or the Directeur général adjoint, shall forward a copy of the reply to the Association.
31.05 If the decision of the Assistant Director of Education, or the Directeur général adjoint, does not result in settlement of the grievance, the teacher or group of teachers may submit the grievance in writing to the Superintendent of Schools, or to the Directeur général of the Conseil scolaire francophone provincial de Terre-Neuve-et-Labrador within fifteen (15) calendar days of receipt of the decision under Clause 31.04.
31.06 The decision of the Superintendent of Schools, or the Directeur général shall be transmitted in writing to the aggrieved teacher or group of teachers within fifteen (15) calendar days of the receipt of the grievance under Clause 31.05. In all grievances, the Superintendent, or the Directeur général, shall forward a copy of the reply to the Association.
31.07 If the decision of the Superintendent of Schools, or the Directeur général does not result in settlement of the grievance, the teacher or group of teachers may, with the written consent of the Association, submit the grievance to arbitration in accordance with the procedure set forth under Article 32.
31.08 A teacher or group of teachers who have a grievance over a matter which is within the scope of authority of the Department of Education shall submit the grievance in writing to the appropriate Divisional Head of the Department of Education within fifteen (15) calendar days of the occurrence or discovery of the incident giving rise to the grievance stating the precise nature of the grievance and the Article and Clause of the Agreement over which the grievance arises.
31.09 Where a grievance has been filed in accordance with Clause 31.08, the Divisional Head shall, within fifteen (15) calendar days after receipt of the grievance, meet with the aggrieved teacher or group of teachers to endeavour to resolve the grievance. The teacher or group of teachers may be accompanied or represented at this meeting by a representative of the Association.
31.10 The decision of the Divisional Head referred to in Clause 31.08, shall be transmitted in writing to the aggrieved teacher or group of teachers within ten (10) calendar days from the date of the meeting referred to in Clause 31.09. In all grievances, the Divisional Head shall forward a copy of the reply to the Association.
31.11 If the decision of the Divisional Head does not result in settlement of the grievance, the aggrieved teacher or group of teachers may submit the grievance in writing to the Deputy Minister of Education within fifteen (15) calendar days of receipt of the decision under Clause 31.10.
31.12 Where a grievance has been filed with the Deputy Minister of Education, the decision of the Deputy Minister shall be transmitted in writing to the aggrieved teacher or group of teachers within fifteen (15) calendar days after receipt of the grievance under Clause 31.11. In all grievances, the Deputy Minister shall forward a copy of the reply to the Association.
31.13 If the decision of the Deputy Minister of Education does not result in settlement of the grievance, the aggrieved teacher or group of teachers may, with the written consent of the Association, submit the grievance to arbitration in accordance with Article 32.
31.14 Where a teacher or group of teachers allege that they are being discriminated against by application or interpretation of a School Board regulation or by-law, the teacher(s) shall have recourse to the grievance procedure.
31.15 No grievance proceedings will be invalidated by reason only of a technical error under Clauses 31.02 and 31.08.
31.16 Notwithstanding the provisions of this Article, a teacher may present a personal complaint to the School Board or Department of Education at any time.
31.17 If advantage of the provisions of this Article has not been taken within the time periods specified herein, the grievance shall be deemed to be abandoned and cannot be reopened.
31.18 The parties may mutually agree in writing to extend the time limits specified herein.
31.19 Failure to give a decision, within the time periods specified, by any person required to give a decision shall have the same effect as a decision which does not result in settlement of the grievance.
31.20 Where the Employer has a grievance against the Association or the Association has a grievance against the Employer, the parties shall meet within ten (10) calendar days of the occurrence or discovery of the matter giving rise to the grievance and attempt to settle the grievance. If the grievance is not settled as a result of this meeting, either the Employer or the Association, as the case may be, shall have the right to refer the grievance to arbitration in accordance with Article 32.
31.21 Where it is necessary to hold a grievance meeting during regular working hours, a teacher shall not suffer any loss in pay while participating in, or travelling to attend such meetings.
