Wash. Court of Appeals published opinion — 315223.cor.pdf

Non renewal of provisional employees and matters relating to evaluation
and placement of employees on probation shall be grievable only through
Step Three ofthe grievance procedure. Such grievance shall pertain solely
to alleged procedural discrepancies. Following Step Three of the grievance

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No. 31522-3-111
Spokane Sch. Dist. No. 81 v. Spokane Educ. Ass 'n

procedure, non renewal of provisional employees, matters relating to
evaluation, placement of employees on probation, and non renewal or
discharge matters shall be governed and controlled by the rights,
procedures, and remedies afforded by statute.

CP at 109-10.

The statute contemplated in the last sentence of the section is RCW 28AA05.220,

which is contained in Title 28A RCW, dealing with public schools. RCW 28AA05.220

incorporates evaluation requirements for certificated employees of public schools

provided by RCW 28AA05.100 and gives provisional employees a right to pursue a

statutory process for appealing timely notices of nonrenewal.

A. Evaluation and nonrenewal matters

We tum first to the trial court's conclusion that some matters that the union sought

to submit to arbitration were excluded from arbitration by article VII, section 3 of the

CBA as "nonrenewal" matters or as "matters relating to evaluation" that are grievable

only through step three of the grievance procedure.

The parties offer conflicting characterizations of precisely what the union was

attempting to grieve on Ms. Easterling's behalf. The district treats the union's grievance

as relating only to the nonrenewal and to issues that were (or were perceived to be) the