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Philadelphia Federation of Teachers School District of Philadelphia

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(d) Within five (5) school days after receiving the grievance, the Principal shall<br />

communicate his/her decision in writing to the employee who lodged the grievance<br />

and to the <strong>Federation</strong> representative.<br />

3. Step 2<br />

(a) Within five (5) school days after receiving the decision <strong>of</strong> the Principal,<br />

the aggrieved employee, through the <strong>Federation</strong>, or the <strong>Federation</strong> in its own<br />

name, may appeal from the decision at Step 1 to a Hearing Officer designated<br />

by the Superintendent <strong>of</strong> <strong>School</strong>s and/or CEO. (It is the intention <strong>of</strong> the parties<br />

that there shall be a Hearing Officer for all cases for as long a term as possible<br />

in order to afford the parties the benefit <strong>of</strong> the knowledge and experience thus<br />

gained by such Hearing Officer.) The appeal shall be in writing and shall be<br />

accompanied by a copy <strong>of</strong> the decision at Step 1. A copy <strong>of</strong> said appeal shall be<br />

sent to the appropriate Regional Superintendent or other Administrator and to<br />

the Labor Relations Office <strong>of</strong> the Office <strong>of</strong> Human Resources. Within ten (10)<br />

school days after the receipt <strong>of</strong> the appeal, said Labor Relations Office shall use<br />

its good <strong>of</strong>fices to adjust or resolve the grievance amicably.<br />

(b) If the grievance is not thus resolved amicably, said Labor Relations Office<br />

should refer the matter to the said Regional Superintendent or Administrator,<br />

who shall take such steps as he/she deems necessary in order to adjust the grievance<br />

amicably.<br />

(c) If the efforts at amicable adjustment do not resolve the grievance, then,<br />

not later than twenty-two (22) school days after receipt <strong>of</strong> the appeal, the Hearing<br />

Officer shall hold a hearing on the grievance.<br />

(d) The aggrieved employee, any <strong>Federation</strong> representative who may have<br />

participated at Step 1, the Principal and the Chairperson <strong>of</strong> the <strong>Federation</strong> Grievance<br />

Committee, or his/her designee, shall be given at least five (5) school days’<br />

notice <strong>of</strong> the hearing and an opportunity to be heard thereat on the subject <strong>of</strong><br />

the grievance. The appropriate Regional Superintendent or Associate Superintendent<br />

may participate in such hearing and may advise and counsel the Hearing<br />

Officer. In the event the hearing is conducted by a designee <strong>of</strong> the Executive<br />

Director <strong>of</strong> Human Resources, he/she shall make a written report to said Executive<br />

Director.<br />

(e) Within ten (10) school days after the hearing on the appeal, the Executive<br />

Director <strong>of</strong> Human Resources shall state his/her independent decision and the<br />

reasons therefore in writing and simultaneously forward copies there<strong>of</strong> to the<br />

aggrieved employee, to the <strong>Federation</strong> representatives who participated in this<br />

Step and to the Principal.<br />

(f) Where a Principal has been involved in a determination or an action which<br />

gave rise to a grievance, he/she shall, if requested by the grievant, the Hearing<br />

Officer, or the Superintendent and/or CEO, be present at Step 2 and Step 3<br />

proceedings.<br />

4. Step 3<br />

(a) Within twenty-five (25) school days after receiving the decision <strong>of</strong> the<br />

Executive Director <strong>of</strong> Human Resources, the <strong>School</strong> <strong>District</strong> or the <strong>Federation</strong><br />

may submit the matter to arbitration if the grievance, complaint or problem<br />

involves the compliance with, or application or interpretation <strong>of</strong> this Agreement,<br />

provided that a grievance concerning any <strong>School</strong> <strong>District</strong> action, not inconsistent<br />

53<br />

XV. Dispute Resolution

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