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reciting the matter submitted to the Superintendent and the basis for dissatisfaction with the decision
rendered by the Superintendent. The BOARD shall act upon the Appeal within a period not to exceed
fifteen (115) school days. The BOARD shall communicate its decision in writing to the UNION.
Failure at any step of this procedure by the Administration to communicate a decision on a grievance
within the specified time limits shall permit an appeal of the grievance to the next step. Failure at
any step of this procedure to appeal a grievance to the next step within the specified time limits
shall be deemedto be acceptance of the decision rendered at that step.
It is understood that teachers shall, during and notwithstanding, the pendency of any grievance, continue to
observe all assignments and applicable rules and regulations of the BOARD until such grievance and any
effect thereof shall have been fully determined.
Rights of Teachers to Representation
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Aggrieved persons may be represented at all stages of the grievance procedure by themselves and by a
representative selected or approved by the Nashua Teachers’ Union.
When a grievant in Step is not represented by the Nashua Teachers' Union in the processing of a
grievance, the Nashua Teachers’ Union shall at the time of submission of the grievance at Step 2 have the
right to be present and present its position in writing at all meetings with the grievant held concerning the
grievance and shall receive a copy of decisions rendered.
Arbitration
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If a grievance involving the interpretation or application of a specific provision of this Agreement has not
been settled after being fully processed through the grievance procedure above, then the UNION may
submit such grievance to arbitration by giving written notice thereof to the BOARD no later than two (2)
weeks after the completion of Step 4. The grievance shall be considered as having been settled in Step 4
unless it is so submitted to arbitration within such time limit.
The choice of the Arbitrator shall be by agreement of the parties. However, if such agreement has not been
reached within one (1) week after the receipt of such written notice submitting the grievance to arbitration,
the grievance may be referred by the UNION to the American Arbitration Association for the selection of an
arbitrator in accordance with the rules then obtaining, of said Association applicable to labor arbitrations.
Any arbitration hereunder shall be conducted in accordance with such rules, subject to the provisions of this
Agreement.
Each grievance shall be separately processed in any arbitration proceeding under this Article.
There shall be no right to arbitration to obtain, and no arbitrator shall have any power to award or
determine, any change in, modification or alteration of, addition to, or subtraction from, any of the terms of
this Agreement.
The Arbitrator selected will confer with representatives of the BOARD and the UNION. The arbitrator will
set forth findings in writing, and submit them to the BOARD and the UNION.
The operation of this grievance and arbitration agreement shall be subject to the provisions of Chapter 542
of the New Hampshire Revised Statutes Annotated.
If Chapter 542 should be held by the Supreme Court of New Hampshire to be inapplicable to employees in
this bargaining unit, this article of the contract shall be renegotiated.
School Board Grievances
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The School Board and its representatives (including the Superintendent, but excluding any other
administrator) shall be entitled to file grievances against the UNION and its representatives involving the
interpretation or application of a specific provision of this Agreement. Said grievance shall be submitted in
writing to the UNION.
If said grievances cannot be resolved between the BOARD and the UNION, the BOARD shall be entitled to
submit them to arbitration. It shall give the UNION written notice thereof not later than two (2) weeks
following the date when it has been determined that the grievance cannot be settled or resolved. If said
notice is not given within the required time, the grievance will be considered as waived.
If the grievance is not received by the UNION within thirty (30) days after the BOARD knows, or should have
known, of the act or condition on which the grievance is based, the grievance will be considered as waived.
An alleged waiver will be subject to arbitration pursuant to the provisions of this Article.
