P4120
ST. LOUIS BOARD OF EDUCATION REGULATION
PERSONNEL
PERSONNEL POLICIES AND REGULATIONS

 

STAFF GRIEVANCE POLICY

 

This policy aims to arrive at solutions to problems that affect the terms and conditions of the employee's service. This policy aims to encourage the sincere effort of all persons concerned to work toward constructive solutions in an atmosphere of courtesy and cooperation in the best interest of the employee and the district.

Definitions

Business Days - The days Monday through Friday when district offices are open, exclusive of all

 

recognized district holidays and days when school sites are closed due to inclement weather.

 

Grievance - A claim, by an employee who is not included in an established collective bargaining unit,

that there has been a violation or misapplication of the policies of the Board of Education or Missouri law where the ultimate solution rests within the authority of the Board of Education. The term "grievance" does not include matters that are covered by Sections 168.221 to 168.291 of the Revised Statutes of Missouri, ongoing litigation, other state and federal employment-related issues, or:

1.                  Any claim for admission, coverage, or benefit, under any of the school district's insurance-related benefit programs. Failure or refusal by the district to abide by its insurance plan appeal procedure shall be grievable.

2.                  Any claim by an employee not filed within the time limits specified in this policy.

Grievant- The employee or employees filing the grievance are directly affected by the alleged violation or

misapplication of district policies or state law as defined above and are not part of an established collective

bargaining unit.

 

3. If the grievant, at any time during the proceedings set forth herein, files for relief and/or a remedy through any

other legitimate forum, including the courts or local, state, or federal agency, for the redress of the same or substantially

similar questions of fact, the grievance procedures may be suspended by the district pending resolution of such issues

by the chosen forum.

 

General Procedures

 

The following general grievance procedure shall be followed when processing a grievance under this policy:

1.       Grievances of like nature may be consolidated at an appropriate level of this grievance procedure.

2.       The number of days indicated at each level should be considered a maximum, and every effort

should be made to expedite the process. Failure by the grievant to take action within any time limit

specified in this policy shall cause the grievance to be waived, forfeited, and dropped automatically,

and the grievance shall thereafter not be subject to the grievance procedures. The time limits

specified may, however, be extended by mutual agreement in writing. If any time limit specified in

this policy extends into spring break, winter break, or summer break when the grievant is not assigned

to work, any applicable time limitation in this policy shall be automatically extended by ten business

days. Failure of the district or its representatives to take action within the time limits specified shall

result in the matter being automatically passed to the next step of the grievance procedure.




3.       All documents, communications, and records specifically dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants.

4.                 Time spent by the grievant in the processing of grievances shall be, to the degree possible, at times when the grievant is free from assigned duties.

5.                 All meetings and/or hearings under this procedure shall be conducted privately and should normally include only the witnesses and parties referred to herein.

6.                 Should any district administrator or supervisor referred to herein be unavailable to perform the specific functions in this policy, the superintendent or Board may designate a substitute to perform those functions and shall notify the grievant of such change. Such designation shall be made within the time limit that the unavailable administrator or supervisor was to have taken action under this policy.

7.                 No reprisal of any kind shall be taken by the Board, administration, employee, or participant/witness against any grievant or other participant in the grievance procedure.

FormalProcedures

Level One: Immediate Supervisor or Building Level Administrator

1.                Informal Discussion of Grievance:

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An attempt should be made to resolve any alleged grievance in an informal discussion between the grievant and the person who has the ability to resolve the concern at the lowest level of supervision. An informal answer or adjustment of a question or complaint concluded between an employee and such supervisor shall not establish a precedent in any comparable situation and shall not be inconsistent with this policy or applicable Missouri law. The informal discussion of the grievance shall occur no later than five business days after the date of the occurrence, giving rise to the grievance or after such event first became known to the grievant.

2.                 Filing of Grievance with Cabinet Administrator (Deputy Supt. CFO, Dir. Operations, etc.):

If the grievant is not satisfied with the resolution of the grievance after the informal discussion outlined above, or if the informal grievance discussion does not occur within the time period specified above, the grievant may file a grievance, in writing, on a form prepared for this purpose, with the appropriate cabinet-level administrator within l2 business days after the date of occurrence of the event giving rise to the grievance or after such event first became known to the grievant.

          The written grievance shall provide a description of the facts that are alleged to give rise to the grievance and shall state the remedy requested.

 

          Within five business days after the cabinet administrator receives the written grievance, a meeting shall be held with the grievant and cabinet administrator at a mutually agreeable time, other than when the grievant is engaged in assigned duties, to discuss the grievance and attempt to resolve it.


          The cabinet administrator shall render a decision and communicate it in writing to the grievant and the human resources department within five business days following the meeting between that person and the grievant.

 

Level Two: Superintendent/Human Resources Department

1.               Filing of Grievance with the Superintendent or Human Resources Department:

If the grievant is not satisfied with the resolution of the grievance at Level One, or if no decision has been rendered, the grievant may present the grievance to the human resources department. The grievance shall be presented in writing within five business days after the Level One decision or ten business days after the meeting between the grievant and the cabinet administrator if that administrator rendered no-decision.

2.               Meeting with the Human Resources Department:

Within five business days after the grievance is presented to the human resources department, a meeting shall be held with the grievant and the human resources department, which shall serve as the designee of

the superintendent, in an effort to resolve the grievance.

3.               Decision of the Superintendent/Human Resources Department:

After consultation with the superintendent, the human resources department shall give an answer within five business days of the meeting and communicate it in writing to the grievant and cabinet administrator.

 

Level Three: Appeal to the Board of Education

In the event the grievant is not satisfied with the resolution of the grievance at Step 2, or the superintendent/human resources department has rendered no decision, the grievant may appeal the resolution to the Board.

 

          The Board shall consider and decide the grievant's appeal in closed session, which shall occur no later than the second scheduled meeting or 30 days, whichever is longer, after the receipt of the grievant's appeal, unless otherwise agreed to by the grievant and the district. The Board shall receive and review the grievance, previous decisions, and responses and may accept, reject or modify any previous determination made on the grievance.

         The Board will hear the appeal by receiving written submissions from the grievant and the administration.

         The decision of the Board shall be final and binding upon all parties to the grievance procedure. The Board shall notify the grievant in writing as to its decision within ten business days after a final vote is taken concerning the appeal of the grievance.

 

 

Approved: May 12, 2020