NEGOTIATIONS AGREEMENT

for

Broken Arrow Independent School District No. 3

Tulsa County Oklahoma

This Agreement is made and entered into by and between Broken Arrow Independent School District No. 3, Tulsa County, Oklahoma, and the Broken Arrow Education Association.

ARTICLE I - Scope

1-1 The Board and Association recognize that providing a high quality of continuous education for the children of Broken Arrow School District No. 3, Tulsa County, is the paramount objective of the School District, that high morale of the teaching staff is necessary for the best education of the children, and that attainment of this objective requires mutual understanding and cooperation among the Board, Administration and the Teachers. To this end, good faith negotiations between the Board and the Association with a free and open exchange of views are desirable.

1-2 The Board is elected by the qualified electors of the School District as the governing body of the School District, and as such, possesses all powers delegated to the Board of Education or to a School District by the Constitution and the Laws of the State of Oklahoma, together with the duties imposed thereby. Except as otherwise prescribed in this Agreement, the Board has the sole and exclusive right to exercise all rights and functions of management. Accordingly, if any provision of this Agreement, or application of this Agreement to any teacher covered hereby shall be found contrary to law, such provision or application shall have effect only to the extent permitted by law, but all other provisions or application of this Agreement shall continue in full force and effect.

1-3 The Superintendent is the chief executive officer of the Board, and as such, administers the affairs and programs of the School District as provided by law and Board policy.

1-4 Teachers, administrators, and the Board share responsibility for providing continuous education of the highest possible quality for the pupils of the School District, and all parties recognize that teachers have the major role in direct contact with pupils to accomplish these objectives, as teaching is a profession requiring the possession of specialized educational qualifications.

1-5 The Board and the Association affirm they recognize that it is imperative that the teaching staff be held in high professional regard being sensitive to the needs and aspirations of children regardless of achievement level, color, ethnic background, creed, sex, or economic status.

ARTICLE II - Definitions

2-1 The term “Teacher” as used in this agreement shall refer to the employees of the school district having the following titles or basic full-time assignments: classroom teacher, special teacher, media specialist, counselor, speech pathologist, school nurse, psychometrist and school psychologist certificated in their basic full-time assignment by the teacher certifying authority for the state of Oklahoma.

2-2 The term “Board” as used in this agreement shall mean the Board of Education of Broken Arrow Independent School District No.3, Tulsa County, Oklahoma.

2-3 The term “Association” as used in this agreement shall mean the Broken Arrow Education Association.

2-4 The term “School District” as used in this agreement shall mean the Broken Arrow Independent School District No. 3, Tulsa County, Oklahoma.

2-5 The term “Superintendent” as used in this Agreement shall mean the Superintendent of Schools of Broken Arrow Independent School District No. 3, Tulsa, Oklahoma.

2-6 The term “School Year” as used in this Agreement shall mean the period of time designated by the official school calendar, indicating the opening of the schools of the District in the fall through the closing of the schools of the District in the spring, including orientation and work days as established by the Board.

2-7 The term “Negotiator” as used in the Agreement shall mean the person or persons appointed by the Board through its executive officer to represent them or the person or persons selected by the Association to represent those persons covered by this Agreement for the purpose of exchanging views, proposals, or counter proposals on matters provided for in this Agreement. They shall have authority to reach tentative agreement and make recommendations to their respective bodies.

2-8 The term “party” or “parties” as used in this Agreement shall mean the Board of Education of Broken Arrow School District No. 3, Tulsa County, Oklahoma, or its representatives acting on its behalf, and the Broken Arrow Education Association, or its representative acting on its behalf.

2-9 The term “Grievance” as used in this Agreement shall mean a complaint by a teacher or teachers that there has been an alleged violation, misinterpretation or inequitable application of any of the provisions of this agreement that has directly affected that teacher or teachers. The term “grievance” shall also mean a complaint by the Association that there has been an alleged violation, misinterpretation or inequitable application of any provision of this Agreement that specifically grants a right to the Association.

The term “Grievance” shall not apply to any matter in which the method of review is prescribed by law or the Board is without authority to act.

2-10 The term “Agreement” as used in this Agreement shall mean the procedural agreement and all articles which are subsequently approved and made a part of the Agreement.

2-11 The term “Good Faith Bargaining” as used in this Agreement shall mean that the parties negotiating have a desire to reach agreement and make an honest effort to reach common ground through the processes of collective bargaining; wherein the negotiating parties freely and fully present their respective positions and are willing to consider alternate proposals so that a mutually satisfactory agreement can be reached.

ARTICLE III - Recognition

3-1 The Board hereby recognizes the Association as the sole and exclusive negotiating representative of the negotiating unit which consists of the teachers of the school district having the following titles or basic full-time assignments: classroom teacher, special teacher, nurse, media specialist, counselor, speech pathologist, psychometrist, and psychologist certificated in their basic fulltime assignment by the teacher certifying authority for the State of Oklahoma. These full-time employees shall also be members of the negotiating unit whenever they are performing other part-time professionally related duties in addition to their basic full-time assignment for the School District, with those exceptions stated hereafter.

3-2 Exempted from the negotiating unit are those persons whose only employment with the School District is on a per diem or hourly basis. Also exempted are those persons designated by the Board to hold positions which it classifies as administrative or supervisory, as well as all school district employees who are not certificated by the teacher certifying authority for the State of Oklahoma.

3-3 The provisions in this Agreement are intended to reflect solely on those employees which make up the negotiating unit.

3-4 The Board and the Association shall negotiate in good faith on wages, hours, fringe benefits, other terms and conditions of employment and the processing of alleged grievances.

ARTICLE IV - Severability

4-1 The Board and the Association each agree to acknowledge and to comply with those Federal and State statutes or ordinances pertaining to discrimination which are applicable to this Agreement or subsequent agreements negotiated under the terms and conditions of this Agreement.

4-2 The Board and Association shall not discriminate in any manner against any person on the basis of race, creed, color, national origin, sex, marital status, or membership or non-membership in any teacher organization.

4-3 This Agreement shall supersede any and all items of similar nature in past agreements.

4-4 For any direct conflict between the expressed provisions of this Agreement and any Board or Association policy and procedure currently in effect and not incorporated in this Agreement, the provisions of this Agreement shall control.

4-5 This Agreement shall be governed and construed according to the Constitution and Laws of the State of Oklahoma

ARTICLE V - Procedures

5-1 Prior to negotiations, the Board, through the Superintendent, and the Association, through the President, shall each designate in writing the names of not more than five (5) persons who shall serve on their respective negotiating teams and be responsible for negotiations pursuant to the provisions of this Agreement. No more than five (5) shall sit at the table at one time during the process of negotiations. Each party shall also designate the person on their team who will be the chairperson or chief negotiator. If either party finds it necessary to change members of the team during negotiations, they shall so inform the other party in writing. In the interest of providing a situation whereby maximum progress can be made during negotiations, each party agrees to keep changes minimal.

5-2 To facilitate the orderly process of negotiations, either party may employ legal counsel for consultative purposes during negotiations sessions. Further, each party may have professional employees of the District and representatives of state and national organizations present during negotiation for consultative purposes. Not more than three (3) consultants per party, both legal and professional, may be present in a given negotiations session.

5-3 The Board, through its designated representatives, shall meet with the representatives designated by the Association to negotiate on matters as defined in Section 3-4.

5-4 The Board and the Association will bargain non-monetary issues on even years. Monetary issues will be bargained yearly.

5-5 If either the Board or the Association identifies a time-sensitive issue(s) which cannot wait to be negotiated during the formal negotiations process, a written request for a negotiations meeting will be submitted by that party and a mutually agreed time will be set. The request will outline the issues to be discussed.

It is the responsibility of the chief negotiator for both the Board and the Association to determine who would be needed to attend these negotiation sessions. It is the intent of this process to make a good faith effort to resolve issues in a timely manner.

5-6 Representatives of both the Board and Association Negotiation teams will meet by May 1 of each contract year to exchange areas of concern for formal negotiations and decide upon procedural guidelines for the current bargaining year.

The formal negotiation sessions will be conducted in a concentrated period of time with the understanding that the sessions may be extended by mutual consent of both teams.

A request for formal negotiations shall be presented to the Board by the Association, or by the Board to the Association, no later than April 20 of each contract year. If no request is received on a timely basis, there shall be no negotiations for that year.

5-7 If either party objects to the other’s proposals, the objecting party must support its objections with rationale.

5-8 Negotiating meetings shall be scheduled at times which will interfere least with the teacher work day and the educational program.

5-9 It shall be the duty of both parties to negotiate in good faith and timely fashion.

5-10 Upon request of either party, and in accordance with the provisions of the open records act, budget reports, and other information, records, data relevant to items being negotiated will be made available for inspection. Copies of reports, as requested, will be provided within a reasonable time. The Association agrees to pay the reasonable cost of preparation and/or copy of reports.

5-11 Negotiations shall be conducted in closed sessions unless both parties agree to the contrary.

5-12 Tentative agreements reached as a result of such negotiations shall be reduced to writing and presented to the Association for ratification. The Association shall file a written report of its action with the Board, through the superintendent, within ten (10) working days following either the annual reporting date for teachers or receipt of the fact-finding committee report. Absence of a written reply within the allotted time shall constitute ratification by the Association. Following Association ratification, the agreements shall be presented to the Board for ratification no later than the second regularly scheduled Board meeting after receipt of the report from the Association.

5-13 Items tentatively agreed to by both groups at the negotiations table, may be implemented by the Board prior to completion of the formal ratification process. Such items and their terms and conditions shall be rescinded if ratification by the two (2) respective groups is not reached.

5-14 Negotiations shall begin upon the first meeting between the duly appointed teams. Meetings to discuss ground rules, times, and places shall be considered as negotiations.

5-15 Communications between the Association and the Board which call for a reply shall not be made available to the news media before a reply has been received or a refusal to reply has been clearly indicated. A period of five (5) days from receipt of the communication shall be granted for a reply. In the event the Superintendent feels that Board action is necessary before replying or the Association requires additional time for study before replying, an additional five (5) working days shall be granted before release to the news media.

If either party violates this provision, the communication shall be considered nullified and no action need be taken by the addressee.

5-16 Before final publication of the newly-negotiated and ratified Agreement, the Association will be given the opportunity to proofread the copy.

5-17 The cost of printing and distributing the negotiations agreement will be assumed by the Board of Education.

5-18 The Association and Director of Human Resources will meet following Negotiations each year to determine the number of copies of the Negotiations Agreement which shall be printed. All teachers new to the district shall be given a printed copy of the Agreement. The option of receiving a printed copy of the Agreement will be provided to bargaining unit members at the initial site faculty meeting.

The entire current Agreement will be placed on the Internet. A list of directions for electronic accessibility and the locations of printed copies will be posted in a variety of locations and repeated periodically at each site.

5-19 A committee consisting of two (2) members from each negotiations team shall meet and review the Negotiations Agreement before printing to see that all data is correct.

ARTICLE VI - Fact Finding

6-1 If, during the course of negotiations a mutually satisfactory solution to a negotiation issue or issues is not reached, the Board and the Association, through their representatives, will declare in writing that an impasse exists and submit the issue in dispute to fact finding.

6-1-1 The fact-finding committee should consist of three members. One member shall be selected by the representatives of the organization (Association) and one member shall be selected by the Board within five (5) days after the conclusion of negotiations and declaration of items to be sent to impasse. One member shall be selected by the first two members within fifteen (15) days after the selection of the first two (2) members. The member selected by the first two (2) members shall serve as chairperson of the committee.

6-1-2 The State Board of Education shall appoint as fact-finders not less than twenty nor more than thirty persons to be placed on the State Superintendent’s list of fact-finders. The appointees must reside in Oklahoma, must be neutral and unbiased and must be knowledgeable in the fields of school operations, school finance, personnel management, dispute resolution and hearing procedures. The appointees shall not currently be elected public officers or employees of a board of education or officers or employees of an organization of education employees. No person who is related within the second degree by consanguinity or affinity to an elected public officer, to an employee of the local board of education that is involved in the impasse, or to an employee of an organization of education employees shall be eligible to serve as a fact-finder.

6-1-3 An appointee shall serve until such appointee resigns or is removed by the State Board of Education from the State Superintendent’s list of fact-finders. An appointee must be removed immediately if he or she becomes an elected public officer or employee of a board of education or an officer or employee of an organization of education employees.

6-1-4 Within ten (10) days of being notified that a fact-finder is needed, the State Superintendent of Public Instruction or designee shall provide the names of five potential fact-finders selected at random from the list of appointees who are available to serve as a member and the chairperson of the committee. The parties shall select the fact-finder from the five names within fifteen (15) days after receiving the list of fact-finders.

6-1-5 It shall be the responsibility of the State Board of Education to establish rules, regulations, training, hearing procedures, and payment schedules to implement the provisions of this paragraph.

6-2 Within five (5) days after the selection of the chairperson, the representatives who have been negotiating for the Board and for the organization (Association) shall meet to exchange lists of items submitted to impasse with a statement of the last position of each team and signed by the respective chief of each negotiation team. Copies of the exchanged documents shall also be furnished by each party to the chairperson and other members of the committee.

6-3 The costs for the services of the fact-finding committee, including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: the Board shall assume the expenses of the representative selected by the Board, the Association shall assume the expenses of the representative selected by the Association, and the expenses of the third member shall be shared equally by the Board and the Association.

6-4 The chairman shall convene the committee which shall meet with representatives of both parties and have authority to establish procedural rules, conduct investigations, and hold hearings during which each party to the dispute shall be given opportunity to present its case with supporting evidence.

6-5 All hearings by the fact-finding committee shall be conducted in closed session and no news releases shall be made by either party or the fact-finding committee concerning the progress of such hearings.

6-6 Within twenty (20) days after the chairperson is selected, the committee shall present written recommendations to the local Board and to the organization (Association). If either party decides it must reject one or more of the committee’s recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and for the organization (Association). The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, representatives shall exchange written statements expressing each party’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume good faith effort to resolve the remaining differences; provided, fourteen (14) days after the exchange of the written statements, either party may discontinue such effort.

6-6-1 The local board shall file a copy of the fact-finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and such agreement shall also be forwarded to the State Superintendent of Public Instruction. If the effort to resolve differences is unsuccessful, the local board of education shall forward to the State Superintendent of Public Instruction in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation.

6-7 The fact-finding report shall be advisory only and shall not be binding on the Board or the Association.

6-8 The final official action on the report of the fact-finding committee shall be a decision of the Board.

6-9 In the adoption of this policy, the Board hereby declares that nothing contained herein is intended to be construed as to delegate or limit the powers, duties, discretions, and responsibilities of a Board of Education as prescribed by the Constitution and the Laws of the State of Oklahoma. If any provision of this policy, or any application of this policy, shall be found contrary to law, such provisions or applications shall have effect only to the extent permitted by law.

ARTICLE VII - Selection of Negotiating Unit

7-1 Selection of the negotiating unit shall be in accordance with professional negotiations law of the State of Oklahoma.

7-2 The Broken Arrow Board of Education shall recognize an employee organization designated by an election of the employees in an appropriate bargaining unit as the exclusive representative of all the employees in such unit. An appropriate bargaining unit in the Broken Arrow School District shall consist of all employees who are required by the position in which employed to be licensed or certified as teachers or entry year teachers and who do not hold supervisory authority with respect to other teachers in the district.

7-3 Within seven (7) business days of receiving a sealed packet containing an employee petition filed by or on behalf of thirty-five percent (35%) or more of the employees in a unit, such petition calling for an election to determine which, if any, employee organization represents the employees in the bargaining unit, the Board shall arrange for verification that there are a sufficient number of correct names to constitute at least thirty-five percent (35%) of the employees in the unit. Such arrangements shall include the transmitting of the sealed packet and a list of employees eligible to be included in the bargaining unit to the individual designated pursuant to the provisions of section 7-2 of this article.

7-4 The petition calling for the secret ballot election shall contain only the names of employees of the bargaining unit who have signed and dated said petition. The sealed packet shall be opened and the petition shall be verified by an individual designated by the election board of the county in which the school district has its main office. Under no circumstances shall the individual so designated reveal the names of employees who signed or did not sign the petition. If an employee has signed more than one petition, the name of the employee shall be removed from each petition.

7-5 The period of time for signing of a recognition petition shall commence upon receipt of written notification by the Board from an organization indicating that it intends to circulate a petition and shall cease thirty (30) days thereafter. Provided, if an organization recognized as representative of a unit for bargaining is being challenged for discontinuation of representation as provided in section 7-14 of this article or is being challenged by another organization seeking recognition, the period for signing shall commence on the first day of February and end on the last day of that same February.

7-6 Not less than thirty (30) days nor more than forty-five (45) days after receipt of notification that the petition has been verified as sufficient, a secret ballot election shall be held to determine which, if any, employee organization shall represent the unit. No election shall be held for a unit within which a valid election was held in the preceding two (2) years.

The local Board shall recognize within ten (10) days an organization which, on the effective date of this act, has obtained signed authorization from a majority of the employees eligible to be included in the unit within two (2) years of recognition. An appropriate election ballot shall be printed for this election, which contains the names of all employee organizations having presented a petition verified as signed by at least thirty-five (35) percent of the employees eligible to be in the unit to represent or currently recognized as representing the unit; provided, no such organization shall be shown on the ballot unless the organization pays to the local Board a filing fee of two hundred fifty dollars ($250.00). The ballot shall also provide an option whereby any employee of the unit may indicate a preference that the unit not be represented by any organization. Every organization that receives at least fifteen percent (15%) of the vote in the election shall be reimbursed the two hundred fifty dollars ($250.00) by the local Board. The local Board shall use any remaining filing fee money to help offset the cost of the validation process of the petition, if any, as well as any election costs incurred.

7-7 When none of the choices on the ballot receives a majority of the votes, a runoff election shall be conducted on the fourteenth day following the first election between the two (2) choices which received the largest number of votes in the preceding election.

7-8 The employee organization or organizations and the Board shall, by agreement, determine the method by which each election shall be conducted. All costs incurred in an election shall be shared equally by all parties involved.

7-9 If no agreement can be reached within fourteen (14) days prior to the election, the Board of Education shall notify the county election board of the county in which the Board is located of such fact, and the following method for conducting the secret ballot election shall be followed and conducted by the county election board:

7-9-1 At the time of such notice, the Board of Education shall provide to the county election board:

(a) a list of all the polling places for the election, such list to include every middle school or junior high school and the administration office in the district;

(b) a list of names of all the teachers eligible to vote in said election, such list to be in alphabetical order and duplicated in such number that there shall be one for each polling place, plus an additional five (5) copies;

(c) the name of each organization entitled to have its name appear on the ballot; and

(d) the date of the election.

7-9-2 Ballots for the election shall be printed by the county election board in the same manner as for other elections conducted by the county election board, insofar as is possible. The names of organizations shall be listed on the ballot in the order in which said names are furnished to the county election board by the Board of Education. The option specifying that no organization shall represent the employee bargaining unit shall be listed last on the ballot, in such language as may be specified by the Board of Education.

7-9-3 The secretary of the county election board shall appoint an inspector, judge and clerk for each polling place. Said inspector, judge and clerk shall be selected from among the regular precinct officials in the county.

7-9-4 Polling places shall be open from 7:00 a.m. to 7:00 p.m. on the day of the election. Any eligible person who presents himself/herself to vote no later than 7:00 p.m. shall be entitled to vote.

7-9-5 Eligible voters may vote after signing their signatures beside their names on the list of names of all the persons eligible to vote in said election. The voter shall place his/her ballot in the ballot box in the presence of the inspector.

7-9-6 Each organization entitled to have its name appear on the ballot shall be permitted to appoint one (1) challenger at each polling place. Each such challenger shall be properly identified as such, and shall be limited to inquiring of a prospective voter, said prospective voter’s name, address, job classification and work site. The challenger may challenge the right of any prospective voter to vote by so informing the judge. Upon being so challenged, the prospective voter may vote if, after being informed by the judge of such a challenge, the voter signs his/her signature beside his/her name on the list of names of all the persons eligible to vote in said election. If same occurs, the judge shall write the words “Challenged by __________” beside the voter’s signature.

7-9-7 The county election board shall certify the results of the election to the Board of Education on the day following the election.

7-9-8 Costs of the election shall be paid to the county election board by the Board of Education. Said costs shall include the regular salaries of the inspector, judge, and clerk, in addition to all other necessary and reasonable costs. Such costs shall include compensation for members of the county election board, including the secretary.

7-9-9 Anyone guilty of voting more than one (1) time in said election will be guilty of a misdemeanor and subject to a fine of two hundred dollars ($200.00) or thirty (30) days in the county jail.

7-10 No teacher shall use regularly scheduled duty time for campaign purposes.

7-11 A list of the employees eligible to vote in the election including their names, addresses, phone number, job classification and work site shall be provided not less than fourteen (14) days before the election to each organization listed on the official ballot.

7-12 No organization which at the time this act takes effect is representing the bargaining unit as a result of having gained recognition on the basis of signed authorization or secret ballot election and is in the process of collective bargaining for the 2004-2005 school year shall be subject to the election provision of this section until collective bargaining for the 2004-2005 school year has ended.

7-13 Any local Board or organization challenging the results of any election held pursuant to the provisions of this section shall post with the district court a bond of one thousand dollars ($1,000.00) which shall be forfeited if the court finds that the challenge is in bad faith.

7-14 In any February more than two (2) years after recognition of an organization pursuant to the provisions of this section and upon the receipt of a petition calling for discontinuation of representation signed by thirty-five (35) percent of the employees eligible to be included in the unit, a local Board shall call an election to determine whether the members of a unit wish to discontinue being represented for bargaining. If a majority of the votes cast are votes to discontinue representation, efforts to gain recognition by an organization shall be prohibited for a period of two (2) years commencing with the expiration of the contract then in force. The ballots used in such election shall, without reference to an organization by name, offer the single choice of continued representation or discontinuation of representation.

ARTICLE VIII - Duration of Agreement

8-1 This Agreement shall become effective immediately after receipt by the Association from the Board of written notice to the effect that the Agreement has been ratified by the Board. The Board, however, shall take no action upon the ratification of the Agreement until it has received written notice from the Association that a majority of the members of the Association have ratified the Agreement.

8-2 This Agreement shall continue in effect for successive fiscal years after June 30, 1973, unless notice is given in writing, no later than April 1, by either the President of the Association or by the Board, through the Superintendent, to the other party in accordance with the provisions of the Agreement of its desire to modify, amend, or terminate the Agreement.

8-3 Should no notice be given by either the Board or the negotiating representative, this Agreement shall automatically renew itself for another fiscal year and the negotiating representative, by failure to give such notice, shall be deemed to be bound as the successor to the Association by each and all of the provisions of this Agreement.

8-4 In the event that the Association disbands or otherwise ceases to exist, this Agreement shall be null and void upon the effective date of such disbanding or cessation of existence.

ARTICLE IX - Grievance Procedure

9-1 Definitions

9-1-1 The term “Grievance” as used in this Agreement shall mean a complaint by a teacher or teachers that there has been an alleged violation, misinterpretation or inequitable application of any of the provisions of this Agreement which has directly affected that teacher or teachers. The term “Grievance” shall also mean a complaint by the Association that there has been an alleged violation, misinterpretation or inequitable application of any provision of this Agreement that specifically grants a right to the Association.

The term “Grievance” shall not apply to any matter in which the method of review is prescribed by law or the Board is without authority to act.

9-1-2 An “Aggrieved Person” is the teacher or teachers, or the Association when applicable, asserting a grievance in accordance with the definition above.

9-1-3 The “Grievance Committee” of the Association shall be composed of a representative from each school and a designated chairperson.

9-1-4 The term “Grounds” when used in this article, shall mean the basis upon which a grievance is being presented or appealed.

9-1-5 The term “Days” when used in this article, shall mean “Teacher” work days during the regular school year. At a time other than during the regular school year, the term “Days” shall mean those days during which the administrative offices of the district are normally open.

9-2 General Procedures

9-2-1 The number of days for the processing of grievances indicated at each level should be considered as a maximum. However, the time limits specified may be extended or limited by written mutual consent.

9-2-2 The Grievance Committee is authorized by the Association to act in the processing of those grievances which are referred to the Association by the aggrieved teacher.

9-2-3 Nothing contained herein will be construed as limiting the right of an aggrieved teacher to discuss the matter informally with any appropriate member of the administration and having the grievance adjusted, provided the adjustment is consistent with the terms of the Agreement in existence between the Board and the Association.

9-2-4 An aggrieved teacher may be represented at any level of the grievance procedure by a representative of his/her choosing consistent with the terms and provisions of this Agreement. Beyond Level One in the Grievance Procedure the aggrieved teacher/teachers may present depositions of relevant material that would assist in the equitable resolution of the perceived disagreement, controversy, and/or complaint involving a perceived violation or inequitable application of the terms of this Agreement.

9-2-5 A grievance initiated by an aggrieved teacher at a time other than during the regular school year shall commence at Level Two, provided the principal or immediate supervisor is not readily available.

9-2-6 No grievance shall be recognized by the Board or the Association unless it shall have been presented at the appropriate level within twenty (20) days after the aggrieved teacher knew of the act or condition on which the grievance is based; and, if not so presented, the grievance shall be considered as waived.

9-2-7 An aggrieved teacher may withdraw a grievance at any time by notifying in writing the Board’s and Association’s representatives at the level at which the grievance is being heard. Any such grievance that is withdrawn shall be considered waived.

9-2-8 If a grievance affects more than one negotiating unit member at more than one (1) school, the aggrieved teachers, through their designated representative, may submit such grievance in writing to the Superintendent, or his/her designee. The processing of such grievances shall commence at Level Two.

9-2-9 When it is necessary at any level beyond Level One for an aggrieved teacher and his/her designated representatives to attend a meeting or a hearing called by the superintendent, or his/her designee, during the school day, the superintendent, or his/her designee, shall so notify the principal or immediate supervisor of such teachers and they shall be released without loss of pay for such time as their attendance is required at such meeting or hearing.

9-2-10 Failure at any step of this procedure to communicate the decision of a grievance within the specified time limits to the aggrieved person shall permit the aggrieved teacher to proceed to the next level.

9-2-11 Failure by the aggrieved teacher at any level of this procedure to appeal the grievance to the next level within the specified time limits shall be deemed to be acceptance of the decision given at that level.

9-2-12 All necessary forms and documents for the filing of grievances, making reports and appeals regarding the alleged grievances, shall be provided to the teacher upon request to the building principal.

9-2-13 When a teacher elects to pursue a legal or statutory remedy for any alleged grievance, such an election will bar any further subsequent proceedings for relief under the provisions of the Agreement.

9-2-14 All meetings and hearings conducted under the provisions of this Grievance Procedure through Level Three shall be in private and are limited to the grievant and administrator of interest and their designated representative heretofore provided in this Agreement.

9-2-15 Recognizing the need to deal with perceived violations or inequitable applications of the terms of this Agreement, the Board will endeavor to act directly and fairly with any teacher/teachers filing a grievance consistent with the terms and conditions of the Agreement.

Hearings conducted at Level Four shall be conducted in open session. Participation shall be limited to the parties of interest and their representative.

9-2-16 A Grievance File shall be maintained by the administration to contain all records regarding the processing of grievances filed by the teachers of the district.

9-2-17 The Administrative Procedure currently used by the Broken Arrow Public Schools to process teachers’ complaints pertaining to matters not constituting a formal grievance shall be utilized to resolve teacher complaints regarding conditions of work.

9-3 Informal Discussion Before Grievance

9-3-1 Before a grievance is filed, teachers shall be required to discuss informally the perceived violation of the collective bargaining agreement with their building principal or supervising administrator, with the goal of resolving the disagreement in a manner consistent with terms and conditions of the collective bargaining agreement. No representation shall occur at this level, and no written record, other than the nature of the perceived violation and the date of the meeting shall be made. The administrator will verbally render a decision to the teacher within five (5) working days.

9-4 Level One - Principal

9-4-1 If the teacher is not satisfied with the disposition of the perceived violation of the collective bargaining agreement by the building principal or supervising administrator in the informal procedure, the teacher may, within twenty (20) days, request a formal grievance hearing with the building principal or supervisory administrator. This meeting shall be held within fifteen (15) school days of the filing of the grievance unless such time limits are extended by mutual agreement of the grievant and the principal, or supervisory administrator. At this time the aggrieved teacher may (1) designate one Association representative to accompany him/her, or (2) designate one grievance committee representative to speak on behalf of the grievant. The Association representative or Grievance Committee representative may act on behalf of the grievant if it is not reasonably possible for the aggrieved teacher to be present and by mutual agreement of both parties.

Either or both parties may tape the grievance proceeding at Level One and thereafter. The building principal or supervisory administrator may be accompanied by one other representative of the Administration.

Within ten (10) days of the meeting, the principal or supervisory administrator shall communicate the decision in writing to the aggrieved teacher.

If the building principal chooses not to conduct a formal grievance at Level One, the principal or supervisory administrator shall refer the grievance to Level Two.

9-5 Level Two - Superintendent

9-5-1 If the aggrieved teacher is not satisfied with the disposition of his/her grievance at Level One, he/she, or his/her designated representative may file a written appeal with the Superintendent or his/her designee with five (5) days of the decision given at Level One. The appeal shall include a statement of the decision being appealed, the grounds for regarding the decision unacceptable, and the requested course of action. Within five (5) days of receipt of the written appeal, the Superintendent, or his/her designee, will request the principal or immediate supervisor to forward to him/her in writing the decision and rationale given at Level One. A copy will be sent to the aggrieved teacher.

9-5-2 Appeals at this level shall be heard by the Superintendent, and designee, within ten (10) days of the receipt of the appeal. Written notice of the time and place of the hearing shall be given by the Superintendent, or designee, by no later than three (3) days prior to the hearing to the aggrieved teacher and the grievance committee chairperson. Within five (5) days of the hearing, the Superintendent, or designee, shall communicate his/her decision in writing to the principal or immediate supervisor, the aggrieved teacher, and the grievance committee chairperson.

9-6 Level Three - Fact Finding

9-6-1 Within five (5) days of receipt of the decision given by the Superintendent, or his/her designee, in Level Two, the aggrieved teacher, through the Association, may request the issue be referred to a fact-finding committee.

9-6-2 The fact-finding committee shall be selected as set forth in this Agreement.

9-6-3 The costs for the services of the fact-finding committee, including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: the Board shall assume the expenses of the representative selected by the Board, the Association shall assume the expenses of the representative selected by the Association, and the expenses of the third member shall be shared equally by the Board and the Association.

9-6-4 The procedures for conducting fact finding shall be as set forth in other Articles of this Agreement.

9-6-5 Within five (5) days after receiving the report of the fact-finding committee, those persons present at the hearing of appeal at Level Two shall meet to discuss the report and attempt to reach agreement on the grievance.

9-6-6 The Board and the Association, through their representatives, may mutually agree to waive the fact finding proceedings set forth in this article.

9-7 Level Four - Board

9-7-1 Within five (5) days of receipt of the decision given in Level Two and if fact-finding has been waived, the aggrieved teacher, or designated representative, may appeal the decision to the Board of Education. This appeal shall include a copy of the decision being appealed, the grounds for regarding the decision unacceptable, and the requested course of action.

9-7-2 If fact-finding has been elected as provided in Level Three, and if the Superintendent and the aggrieved teacher, through the Association, cannot reach a mutually satisfactory adjustment of the grievance as the result of fact finding, the aggrieved teacher, through the Association, may then appeal the issue to the Board of Education. The appeal may be filed within ten (10) days of receipt of the report from the fact finder. This appeal shall include: a copy of the decision given by the Superintendent, or designee, in Level Two; a copy of the report given by the fact-finding in Level Three; the grounds for regarding the decision and the report unacceptable; and the requested course of action.

9-7-3 Appeals at this level shall be heard by the Board within twelve (12) days of receipt of the appeal. This hearing may be during a regularly scheduled meeting or at a special meeting called by the Board. Written notice of the time and place of the hearing shall be given by the Board’s designee no later than three (3) days prior to the hearing to the aggrieved teacher and the grievance committee chairperson.

9-7-4 The Board shall render its decision in writing within ten (10) days after conclusion of the hearing to the aggrieved teacher with copies given to the principal