ARTICLE 3 GRIEVANCE PROCEDURE A. A "grievance" is hereby defined to mean a dispute involving the meaning, interpretation, or application of this Agreement. B. Failure at any step of this procedure to communicate the decision of a grievance within the specified time limits to the aggrieved employee and the President of the Association shall permit the aggrieved party or parties to proceed to the next step. C. Failure at any step of this procedure to appeal the grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step. D. A grievance that affects a group or class of teachers from a different building or department, or is of a general nature, may be submitted in writing by the Association to the Superintendent directly and the processing of such grievance shall be commenced at Level Two. E. When a grievance arises, the grievance must be filed within ten (l0) calendar days (or when school is not in session, fourteen (l4) calendar days) from the day of the event upon which the grievance is based or from the date when the teacher had or should have had knowledge of the event. Should any dispute or difference arise, it shall be settled in the following manner: Level One: A hearing shall be held within seven (7) calendar days of the filing of the grievance between the aggrieved employee, their principal, and a member of the Grievance Committee. The supervisory answer at this level shall be transmitted to the Association within seven (7) calendar days of such hearing. Level Two: If the dispute is not resolved at Level One, a hearing shall be held within seven (7) calendar days from the date of the reply at Level One between the aggrieved employee, the Chairman of the Grievance Committee or their designee, and the Assistant Superintendent for Human Resources. One additional person may be present at the request of either party. Additional persons may be present as mutually agreed. The Assistant Superintendent for Human Resources' answer shall be transmitted to the Association within seven (7) calendar days of the hearing at Level Two. Level Three: If the dispute is not resolved at Level Two a hearing shall be held within seven (7) calendar days from the date of the reply at Level Two between the aggrieved employee, the Chairman of the Grievance Committee or their designee, and the Superintendent or their designee. A Representative of the Massachusetts Teachers Association may be present at this hearing. The Superintendent's answer shall be transmitted to the Association within seven (7) calendar days of the hearing at Level Three. Level Four: If the dispute is not resolved at Level Three, a hearing shall be held no later than the second regularly scheduled (Framingham School) Committee meeting from the date of the reply at Level Three between the Association (it shall be limited to seven (7) persons designated by the Chairman of the Grievance Committee) and the (Framingham School) Committee. If the second regularly scheduled (Framingham School) Committee meeting is during July or August after the Level III response, efforts will be made to schedule the Level IV grievance hearing at the first regularly scheduled (Framingham School) Committee meeting from the date of the reply at Level III. The (Framingham School) Committee's answer shall be transmitted to the Association within ten (10) calendar days of the hearing at Level Four. Level Five: In the event that the grievance shall not have been satisfactorily disposed of at Level Four, or in the event that no decision has been rendered within ten (l0) calendar days after the Level Four meeting, the Association may refer in writing within ten (l0) calendar days of the disposition under Level Four the unsettled grievance to arbitration . The Arbitrator shall be selected by agreement between the parties. If the parties are unable to agree upon an arbitrator, the selection shall be made by the American Arbitration Association, in accordance with its rules and regulations. The arbitrator shall be without power or authority to modify or alter the terms of this contract. The decision of the arbitrator shall be in writing and shall be rendered within thirty (30) calendar days after the hearing is declared closed. The decision shall be final and binding on both parties. The costs for services of the arbitrator shall be borne equally by the Committee and the Association. Except as stated below, no matter pertaining to a grievance procedure shall be included in a unit employee's personnel file unless so requested by the Unit employee. Except as stated below, all matters relating to any grievance shall be treated as confidential material and shall not be consulted in decisions regarding reemployment, promotion or transfer. Any material pertaining to charges brought or disciplinary action taken against a unit employee will become part of the Unit employees personnel file unless recourse is taken to the grievance procedure in which case such material will not be so placed unless and until charges are substantiated in the process of the grievance.

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