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Should a teacher grieve his suspension, termination or non-renewal, he shall be deemed to have elected the grievance and arbitration procedures herein as his sole and exclusive avenue of review, except where additional recourse is permitted by law.

In the event the grievance chair needs additional time to investigate the allegations giving rise to the grievance, she may so indicate in writing to the superintendent, and shall automatically be entitled to an additional ten 10 days herein.

The principal may request a meeting with the teacher s and duly authorized Association representatives.

The principal shall respond in writing within five 5 days or within two 2 days for discipline grievances or grievances involving teacher health and safety excluding weekends and holidays, of the receipt of the grievance. Should the principal not respond within the time period set forth herein, the grievance shall be deemed denied. Step 2 If the grievance is not settled at Step 1, it shall be presented by the teacher s and the Association to the superintendent within five 5 days thereafter, excluding weekends and holidays.

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The superintendent may request a meeting with the teacher s and duly authorized Association representatives. The superintendent shall give his written answer to the grievance within five 5 days, excluding weekends and holidays, after receipt of the grievance. Should the superintendent not respond within the time period set forth herein, the grievance shall be deemed denied.

If, in the judgment of the Association committee, a grievance affects a group or class of teachers, the Association may submit such grievance in writing to the superintendent directly and the processing of such grievance will be commenced at Step Two.

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Step 3 If the grievance is not settled at Step 2, it shall be presented in writing by the Association to the Committee within five 5 days thereafter, excluding weekends and holidays. The Committee shall afford the Association a hearing on the grievance at its next regularly scheduled meeting if practicable, but in no case more than thirty 30 days after receipt of the grievance.

The hearing shall be conducted in executive session at the outset of the Committee meeting. The Committee shall give its written answer to the grievance within five 5 days, excluding weekends and holidays, after the hearing of the grievance.

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Should the Committee fail to respond within the time period set forth herein, the grievance shall be deemed denied. Any grievance presented in accordance with the procedures set forth in Paragraph B.

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A grievance shall be signed by the aggrieved teacher s and a duly authorized Association representative. The grievance shall be dated. The time limitations set forth in this article are of the essence of this Agreement and the failure by a teacher or the Association to comply with the time limits shall be deemed to constitute a waiver of the grievance.

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Notwithstanding the time limitations set forth in this article, the Committee and Association may extend them by mutual written agreement. Any grievance, as defined in Paragraph A of this article, that has been properly and timely processed through all of the grievance step procedures set forth above and that has not been settled at the conclusion thereof, may be submitted to arbitration by the Association serving the superintendent with a written demand for arbitration within fifteen 15 days, excluding weekends and holidays, after the Step 3 response of the Committee is due.

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Except as otherwise provided herein, either party, upon the written consent of the other party, may seek expedited arbitration in those instances where, in the determination of either party, delay will result in an undue hardship or burden on an individual or the Association or the Committee. Such expedited arbitration shall be binding and conducted in accordance with the rules of the American Arbitration Association.

The demand for arbitration shall be submitted to the American Arbitration Association A. The arbitrator shall have no authority to add to, detract from, alter, amend or modify any provision of this Agreement; or to issue an award which is violative or inconsistent with applicable law.

Subject to applicable law, the decision of the arbitrator shall be final and binding upon both upon both parties. Fees and Expenses of Arbitration. The fees of the A. Inasmuch as the Committee and Association seek to secure, at the lowest level, equitable solutions to grievances, nothing herein shall be construed or applied to limit the right of a teacher to discuss his grievance informally with an administrator and to adjust the grievance without the intervention of the Association; provided however, that any such adjustment shall not contravene the express provisions of this Agreement and, further, that the terms of such adjustment shall be provided to the Association in writing.

Such information shall be provided to the requesting party in a timely fashion following its request to the other party.

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