Section 5-E801. APPLICABILITY AND COVERAGE OF GRIEVANCE PROCEDURES

 

801.1The grievance procedures set forth in this chapter shall be utilized for grievances that arise out of any misunderstanding, disagreement, dissatisfaction, concern, or other conflict with regard to an employee’s own conditions of employment if the matter is within the control of the Board of Education or the Superintendent of Schools and his or her subordinates, except as provided otherwise by this section. This procedure may be utilized for grievances alleging incidents of harassment and/or sexual harassment. In grievances alleging incidents of harassment or sexual harassment, the grievant may elect to utilize this procedure or the alternative procedures of § 807.

 

801.2The grievance procedures set forth in this chapter shall apply to all employees of the Board of Education, except the following:

 

(a)Employees within recognized bargaining units (labor organizations) with which a negotiated agreement on grievance procedures has been ratified and is in force at the time the grievance is filed; or

 

(b)Employees of the office staff of the Board of Education.

 

801.3Notwithstanding the provisions of § 801.2(a), if negotiated grievance procedures do not cover a grievance that is covered by this chapter, an employee may use the grievance procedures set forth in this chapter.

 

801.4The grievance procedures set forth in this chapter shall not apply to any adverse action, as defined in chapter 9.

 

801.5The grievance procedures set forth in this chapter shall not apply to grievances that arise out of any of the following:

 

(a)Any matter for which a separate and distinct appeal procedure is provided by the rules of the Board of Education or the laws of the District of Columbia;

 

(b)Any matter that is subject to administrative appeal to, and final determination by, any official or agency outside of the Public Schools, including any agency or official of the federal government; except that, this section is not intended to prohibit the filing of a grievance by an employee who also has the right to appeal to the D.C. Office of Employee Appeals;

 

(c)The content of the rules of the Board of Education; however, this exception shall not preclude grievances that arise out of the application of Board rules;

 

(d)Nonselection for promotion or appointment to any position from a group of duly ranked and certified eligible candidates;

 

(e)The application or interpretation of the provisions of a duly negotiated and ratified collective bargaining agreement;

 

(f)Any action rescinding a temporary promotion or appointment, if that action meets both of the following requirements:

 

(1)The action is taken within two (2) years of the effective date of the temporary promotion or appointment; and

 

(2)The action either returns the employee to the position held prior to the temporary assignment or to a different position which is not at a lower grade or level than the position held prior to the temporary assignment.

 

(g)Failure of a supervisor, the administration of the Public Schools, or the Board of Education to adopt or enact a suggestion or proposal submitted by an employee; or

 

(h)Failure of an employee to receive a merit step increase, performance award, or any other honorary or discretionary award or recognition.

 

source

Final Rulemaking published at 24 DCR 1068, 1070 (July 29, 1977); as amended by Final Rulemaking published at 37 DCR 2125 (March 30, 1990); and by Final Rulemaking published at 49 DCR 7513 (August 2, 2002).