Gary Teachers Union Local No. 4 v. School City of Gary

284 N.E.2d 108, 152 Ind. App. 591, 80 L.R.R.M. (BNA) 3090, 1972 Ind. App. LEXIS 1016
CourtIndiana Court of Appeals
DecidedJune 28, 1972
Docket472A211
StatusPublished
Cited by25 cases

This text of 284 N.E.2d 108 (Gary Teachers Union Local No. 4 v. School City of Gary) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gary Teachers Union Local No. 4 v. School City of Gary, 284 N.E.2d 108, 152 Ind. App. 591, 80 L.R.R.M. (BNA) 3090, 1972 Ind. App. LEXIS 1016 (Ind. Ct. App. 1972).

Opinions

Sharp, J.

This is an action for Declaratory Judgment brought by the Plaintiffs-Appellees as Trustees of the School City of Gary, Indiana, against the Gary Teachers Union, Appellant-Defendant.1 The complaint alleges that an agreement was executed between the parties covering the period from February 1, 1970, through December 31, 1971. The relevant provisions of said agreement are as follows:

[593]*593“A-Definitions
(1) Teachers shall mean any person within the scope of the bargaining unit employed by the Board or any number of teachers within the scope of the bargaining unit similarly affected by grievance.
(2) A grievance is defined as an allegation that there is a lack of policy; that a policy or practice is improper or unfair, or that there has been a vioaltion of the agreement and/or written Board and personnel policy covering established practices of teachers covered by this agreement and/or establishes local working conditions or practices in effect at the time of the signing of this agreement, and not inconsistent with this agreement. Each written grievance shall cite the specific alleged violation. * * *
B-Four-Stage Grievance Procedure
(1) First Stage: Any teacher who believes that he has a a justifiable grievance may request an informal meeting with his principal or his designated representative, with or without the union building representative for his school being present, as the teacher may elect, with a view to arriving at a mutually satisfactory resolution of the complaint. In the event a group of teachers is involved, a small representative group of such teachers may be present, if they so desire. The principal, or his designated representative, shall schedule a meeting to be held within three (3) days after the teachers request.
Differences which the parties are unable to resolve informally may he presented in writing to the principal by the Union Building Representative. Such grievance shall be dated and signed by the aggrieved teacher and the Union Building Representative. When all teachers, or a group of teachers, in a school or subdivision of that school are involved, the Building Represenative shall sign the grievance and shall identify the group involved.
At any meeting during the informal or formal stage one, if either party believes assistance is necessary, he may request such assistance and the parties shall meet at a mutually agreeable time. The request for such an assistance shall not relieve the principal and the build[594]*594ing representative from the responsibility of settling the issues.
Within five (5) [sic] after presentation of the grievance in writing to the principal, said principal shall submit his decision in triplicate, together with the supporting reasons to the Union Building Representative.
(2) Second State: If the grievance is not resolved at the first stage, the Union may request, in writing, a meeting with the Superintendent of Schools or his designated representative. Such meetings shall be requested with five (5) days of the receipt of the decision in stage one (1). The Superintendent or his designated representative shall set a date for said meeting within three (3) days of the receipt of the request and shall notify the Union of this date at least two (2) days in advance of the meeting. The meeting shall take place within ten (10) days of the receipt of this request. Within seven (7) days after the said meeting the Superintendent or his designated representative, shall submit his decision in triplicate, together with supporting reasons of the Union.
At this meeting and in any meeting at succeeding stages of this procedure, the Superintendent or his designee and the Union shall have the right to have in attendance any person they deem necessary for proper discussion of the grievance.
(3) Third Stage: Optional on the part of the Union. The American Arbitration Association shall be the source of the arbitrator when needed. Selection of the arbitrator shall follow the procedure outlined by the American Arbitration Association unless it is mutually agreed that the American Arbitration Association select the arbitrator. The cost of the arbitrator shall be defrayed as follows: one-half by the teacher and/or Union, and one-half by the School City.
If the grievance is not resolved at the second state, the Union may appeal from the determination of the second stage, as outlined under this procedure, upon written notice within seven (7) days after the receipt of the determination made by the Superintendent of Schools or his designated representative. The appeal shall be taken by submitting to the AAA, with a copy to the Superintendent of Schools, a written statement signed by the designated representative of the Union, which statement shall contain:
[595]*595(a) The name, residence, address, and school or department of employment of the parties involved in the grievance as well as the teachers’ representa- ■ tive.
(b) A request that the AAA take the necessary action for the selection of an arbitrator, the setting up of a hearing, and the rendering of a decision on a grievance which was not resolved at the second stage of the grievance procedure.
(c) A statement of the nature of the grievance up to the appeal, and all other pertinent documents, exhibits and information.
The arbitrator shall hold a hearing within thirty (30) calendar days after receiving this written request. The arbitrator shall give at least ten (10) calendar days notice of the time and place of such hearing to the Union and the Superintendent. The arbitration hearing shall be held in private unless mutually agreed that it is to be a public hearing. The arbitrator shall not be bound by formal rules of evidence; however, normal cross-examination rights will be maintained.
A stenographic record shall be kept of the entire hearing before the arbitrator. The cost of such stenographic records shall be defrayed as follows: one-half by the teacher and/or Union, and one-half by the School City.
The arbitrator shall with thirty (30) calendar days after the close of the hearing submit his deeicision, together with his findings of fact, conclusions, and recommendations, to the Union and Superintendent.
Whatever action is required in order to implement the decision of the arbitrator shall be taken within fifteen (15) days of the receipt of the arbitrator’s decision unless the Board exercises its option to take the grievance to the fourth stage.
(4) Fourth State: If the grievance is not resolved at the second stage, the Union may request a meeting with the Board of School Trustees. Such meeting shall be requested within seven (7) days of the receipt of the decision in stage two. The board shall set a date for said meeting within fifteen (15) days of the receipt of the request and shall notify the Union of [596]*596this date at least two (2) days in advance of the meeting. The meeting shall take place within ten (10) days of the setting of the date.

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Bluebook (online)
284 N.E.2d 108, 152 Ind. App. 591, 80 L.R.R.M. (BNA) 3090, 1972 Ind. App. LEXIS 1016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gary-teachers-union-local-no-4-v-school-city-of-gary-indctapp-1972.