Philadelphia Federation of Teachers School District of Philadelphia

C. General Procedures
1. The filing or pendency of any grievance under the provisions of this Article
shall in no way operate to impede, delay or interfere with the right of the
School District to take the action complained of, subject, however, to the final
decision on the grievance.
2. Nothing contained in this Article or elsewhere in this Agreement shall be
construed to permit the Federation to present or process in behalf of any
employee without his/her consent a grievance not of the character described in
Step lb.
3. Lawyers shall not be used by either party at second step grievance hearings.
4. Hearings held under this procedure shall be conducted at a time and place
which will afford a fair and reasonable opportunity for all persons, including
witnesses, entitled to be present to attend. When such hearings are during school
hours, all employees who are present at the hearing shall be excused with pay
for that purpose.
5. At each of the first two (2) steps of the Grievance Procedure, the School
District and the Federation shall have the opportunity and duty to present all
documentary evidence and witnesses on which each relies in support of its position.
At Step 3 of the Grievance Procedure, each of said parties shall be given
the opportunity to present all documentary evidence and witnesses on which it
relies and shall not be permitted to present any evidence or witnesses not presented
at either Step 1 or Step 2, unless such evidence or witnesses were not
known to exist and could not by reasonable diligence have been discovered
prior to the hearing at Step 3.
6. No officer or Executive Board member, delegate, representative or agent
of a minority organization shall represent the aggrieved employee at Step 1 of
this procedure. An agent shall include any person who, acting in an official
capacity for a minority organization, regularly performs for that organization
such acts as distributing literature, collecting dues, circulating petitions, soliciting
membership, or serving regularly as a spokesperson at employees’ meetings.
An agent shall not include any person who performs such duties occasionally or
without any official designation by the minority organization involved. A minority
organization shall mean any organization other than the Federation.
7. An employee who is not a Federation representative or such representative’s
designee shall not accompany or act on behalf of an aggrieved employee
at Step 1 of this procedure in more than two (2) grievances during a school
year.
8. If a grievance (a) arises from the action of authority higher than the Principal
of a school or (b) is of such a nature as to involve the application or interpretation
of any provision of this Agreement or of any policy or could be
deemed as setting a precedent as to the working conditions or welfare of
employees, the Federation may present such grievance at Step 2 of this procedure,
without Step 1 thereof.
9. No decision on or adjustment of a grievance shall be contrary to any provision
of this Agreement.
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XV. Dispute Resolution