18.1 Definition
A grievance is defined as any complaint of any employee, employees, or CSEA involving the interpretation, application, or alleged violation of this Agreement or a violation, application or interpretation of any law, District policy, rule, regulation, or practice. It is the intent of the parties to equitably resolve grievances at the lowest possible administrative level. It is the intention of the parties to encourage as informal and confidential an atmosphere as is possible in the resolution of grievances.
18.2 Steps in Adjustment of Grievances
18.2.1 Informal Procedure
a. In order to promote harmonious relationships, open communications, and immediate satisfaction, every effort shall be made to resolve problems as promptly as possible and at the first level of supervision through the informal procedure.
b. Informal grievances, written or oral, shall be submitted to his/her immediate supervisor by the employee, group of employees, or representative of either, within thirty (30) days of the act or condition from which the grievance originates.
c. Supervisors shall treat all grievances in a confidential manner exercising dignity and respect, reviewing the facts of the grievance with thoroughness and complete objectivity.
d. Informal discussion between employee, group of employees, (or their representative) and the immediate supervisor or appropriate administrator shall take place in an attempt to resolve the problem when it arises, but no later than five (5) days after submission of the grievance.
e. If the problem has not been resolved at the immediate supervisory level, the employee shall then, orally or in writing, request a review of the grievance at the next higher supervisory level having authority to take corrective action.
f. The supervisor shall notify the next higher-level supervisor and shall attempt to hold a conference within three (3) working days after he/she has received the employee’s request for an informal review. The employee must be in attendance; he/she may present his/her own case or may present the problem through an employee organization or representative of his/her own choosing at the informal review and at any subsequent stage of the grievance procedure. Any employee of the District may serve as a representative without prejudice or loss of salary, provided that he/she notifies his/her supervisor in advance.
g. If the decision rendered is unfavorable to the aggrieved party, the person hearing the grievance shall submit a brief written report of the procedure followed, facts considered and basis for the decision to the aggrieved party with copies to the Superintendent.
h. Grievances submitted by an employee who works in one of the schools, shall be submitted to the Principal of that school prior to initiation of the formal procedure, if use of the informal procedure has not settled the problem to the satisfaction of the aggrieved party.
18.2.2 Formal Procedure
a. Administrative Review:
Failing to resolve the difficulties through the informal procedures the dissatisfied employee, shall submit a written complaint within five (5) working days after receipt of the informal decision and request a review of the grievance by the Superintendent.
b. The written request shall include:
(1) A clear statement of the complaint.
(2) The act or condition on which the complaint is based.
(3) The course of action taken in attempting to resolve the complaint under the informal procedure including decisions rendered.
(4) The reasons why the decisions, if any, are being appealed.
(5) The persons involved in the complaint.
(6) Copies of documents considered appropriate to the complaint.
(7) Name of the grievant’s representative (if any).
c. The Superintendent shall hold a conference with all interested parties within five (5) working days of receipt, unless there is mutual agreement that more time shall be allowed. The Superintendent shall, within five (5) working days after completion of administrative review, render a decision.
d. Board of Trustee Review:
If the appellant is dissatisfied with the decision of the administrative review, he/she may send to the Superintendent, within five (5) working days after receipt of the decision, a written request for a hearing before the Board of Trustees.
e. A copy of the appeal shall be provided to the Superintendent and he/she shall be required to submit his/her written reply to the points made in the appeal within five (5) working days of receipt thereof.
f. The Board of Trustees shall convene a hearing at the earliest practicable date. It shall establish its own procedures. It shall review the written statements submitted by the parties to the grievance. The appellant and respondent may request the presence of witnesses. The Board of Trustees shall be empowered to direct the attendance of any District employee at the hearing without loss of salary to the employee. The hearing should be taped in order to provide an accurate transcript of the proceedings should it be needed at some time later.
g. When the Board of Trustees has reached a decision, it shall notify the Superintendent and individuals involved as soon as possible after the completion of the review of the appeal. The Superintendent shall implement the decision.
h. The decision of the Board of Trustees on an appeal shall be final and conclusive.