GRAND COUNTY SCHOOL DISTRICT

Powers and Duties

The Grand County Board of Education and Grand Education Association recognize the Board has certain powers, discretion and duties under the constitution and laws of the State of Utah which cannot be delegated, limited, or abrogated by agreement with any party, organization or association. All approved provisions of the policies and rules of the following personnel section or any application of the policies or rules to teachers shall have effect only to the extent permitted by law. All other provisions or applications of the personnel section shall continue in full force and effect.

It is the expressed intent of this policy that this personnel section (4100's) constitutes an agreement between the Grand County Board of Education and the Grand Education Association regarding personnel policies and rules governing the conduct of the Board and licensed staff members of the Grand County School District.

Except for policies mandated by State or Federal regulations, policies and rules of these personnel sections shall be mutually negotiated following an annual review or at times mutually convenient to both parties.

Adopted: 8-18-93; Revised 09-12-00 * Grand County School District * Moab, Utah

4102 B -PERSONNEL - ORGANIZATIONS

1. The Grand Education Association (GEA) shall be the representative of the licensed staff so long as said association has a membership sufficient to constitute a majority of those licensed staff members. This representation shall include but not be limited to negotiations of terms and conditions of employment, grievance procedures, and committee assignments with the District.
2. The GEA shall have the exclusive right to use school facilities, rooms, equipment, mail boxes, and bulletin boards for the purpose of conducting official GEA business as authorized by the local president or his/her appointed representatives.
3. The Board of Education and GEA encourage licensed staff members to join and actively participate in their professional association for the mutual betterment of education. The Board and the GEA do, however, recognize that it is the choice of every staff member to join or not to join as they may choose. The Board and GEA will in no way discriminate or take any unfavorable action against any staff members based on GEA membership.
4. For the purpose of free and open communication between GEA and the Board, the GEA Executive Committee will have an agenda item as part of their monthly meeting for any concerns or information from the Board or Superintendent. The Superintendent should give two days advance notice of his/her intention to bring any items to the Executive Committee. The Board of Education will also extend time to GEA on their agenda at regular board meetings. Advance notice should be given of those items that are to be presented to the Board.
5. The Board agrees to discuss with the GEA before making any changes in tax levy, major changes in revenues for programs, and changes in budgeting policy before final adoption of such considered changes.

Adopted: 8-18-93 * Grand County School District * Moab, Utah
 

4103 B - PERSONNEL - NEGOTIATIONS

The negotiation teams of the Grand Education Association (GEA) and the Board of Education shall be vested with the necessary authority to make proposals, concessions, and decisions within the frame- work of the negotiations process. Neither party shall have any authority to determine the make up of the negotiation team of the other party. When mutual agreement of negotiation items have been reached by both teams, they must be ratified by the majority of the Board members and the majority of the GEA members before final adoption of said items can take place.

Negotiation should begin within 30 days of the close of the regular legislative session each year for the purpose of negotiating any changes in the personnel agreement and developing a salary schedule for the following contract year. Negotiations will continue as long as necessary, and at times and places mutually agreeable to both negotiation teams, until mutual agreement is reached.

Adopted: 8-18-93 * Grand County School District * Moab, Utah
 

4104 B - PERSONNEL - GRIEVANCES

Definition

A grievance is a written claim on the part of the employee that he/she has been adversely affected by a violation, misinterpretation, or inequitable application of this agreement which was not settled to the satisfaction of the employee at the first supervisory level.

Purpose

The purpose of the grievance procedure is to resolve employee dissatisfaction informally, promptly, and equitably at the lowest supervisory level with the efforts of employee and administrator being directed toward that objective.

Procedure

    Step 1 - Informal

Should an employee believe there is a basis for a grievance, he/she should discuss the grievance with his/her supervisor or the Grand Education Association Professional Rights & Responsibilities Committee representative with the objective of resolving the matter within 60 days of becoming aware of an alleged violation. Proceedings should be kept as informal and confidential as may be appropriate for its determination. This, however, does not limit the right of any employee who has a grievance to discuss the matter with the Superintendent.

In the event the response at the informal and first level of supervision proves unsatisfactory, the complaint and decision will be reduced to writing and copies forwarded to the Superintendent within ten (10) working days following the decision.

Within fifteen (15) working days after receiving a written complaint or at a time mutually agreed upon, the Superintendent will hold a hearing with the aggrieved employee. If the aggrieved is a member of the Grand Education Association, a representative of the PR&R Committee will be invited to attend the hearing. If the aggrieved employee is not a member of the Grand Education Association, they may invite an individual of their choice to attend the hearing.

Within fifteen (15) working days of the hearing the superintendent will make his/her decision known to the aggrieved party. The decision will be in writing and mailed to the aggrieved party at their last known address. If the aggrieved employee is not satisfied with the decision, an appeal may be made in writing within fifteen (15) working days requesting a formal hearing by the Board of Education.

Within fifteen (15) working days after receiving a written request for a hearing the Board of Education will meet to conduct such hearing. The aggrieved party may be represented by legal counsel, or others chosen to act on his/her behalf. Legal council, or others chosen to act on his/her behalf may represent the aggrieved party.

Within fifteen (15) working days after the hearing the Board of Education will notify the complainant, in writing, of the decision.

If requested, within fifteen (15) working days a hearing will be held with the Grand Education Association Executive Committee to review and discuss the Board's decision from Step 6 to determine if in fact, cause exists to pursue binding arbitration.

If the Association is not satisfied with the disposition of the grievance at Step 7, the Association may submit the grievance to final and binding arbitration through the American Arbitration Association, which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within fifteen (15) working days of the date for the Step 7 answer then the grievance shall be deemed withdrawn. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator, which was not previously disclosed to the other party. The arbitrator shall have no power to alter the terms of this agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on both parties. The Association and the Board agree that no legal action will be pursued following the decision of the arbitrator.

1. Association Participation Employees Represented: The Board acknowledges the right of the Association's grievances representative to participant in the processing of a grievance at any level, and no employee shall be required to discuss any grievance if the Association's representative is not present.
   
2. Class Grievance: Class grievance involving one or more employees or one or more supervisors, and grievances involving an administrator above the building level may be initially filed by the Association at Step 3. In the event that a grievance is filed against the Superintendent of Grand County School District, the President of the Grand County School Board shall be designated as the hearing officer dealing with all formal grievance procedures as outlined above.
   
3. Board - Administration Cooperation: The Board and the administration shall cooperate with the Association in the investigation of any grievance.
   
4. If an employee for whom a grievance is sustained shall be found to have been unjustly discharged, the employee shall be reinstated with full reimbursement of all professional compensation lost. If the employee shall be found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid within thirty (30) calendar days of the arbitration awarded.
   
5. Filing of Materials: All records related to the grievance shall be filed separately from the personnel files of the employee(s). Following final resolution, the findings will be made part of the permanent file.
   
6. Grievance Withdrawal: A grievance may be withdrawn at any level without establishing precedent.
   
7. No Written Response: If no written decision has been rendered within the time limits indicated by a step, then the grievance may be processed to the next step.
   
8. Notwithstanding the expiration of these personnel policies and rules, any claim or grievance arising thereunder may be processed through the grievance procedure even if the current personnel policies expires before resolution.
   
9. The fees and the expenses of the arbitrator shall be paid for solely by the loser.
   
10. No teacher will suffer reprisals, reductions in status, or reduction of rights of any nature as a result of having presented a grievance or having been a party in interest in the grievance procedure.