(See Article III for definitions of “grievance”, “grievant”, and “day”)
13.1 The purpose of the procedure is to attempt to secure equitable solutions to grievances at the lowest possible level. All parties agree that these procedures will be kept formal and confidential.
13.2 Nothing contained herein will be construed as limiting the right of any grievant to discuss a grievance informally with his/her immediate Supervisor, or to have the grievance adjusted, prior to Level III, without intervention of the LTA, provided that the adjustment is not inconsistent with the terms of this Agreement. Any proposed resolution at Levels II or III shall not be agreed upon by the District until the LTA has been provided a copy of the written grievance and of the proposed resolution and been allowed an opportunity to respond.
13.3 All time periods specified within this Article shall be considered maximums; however, nothing prevents the parties from extending the time limit by mutual consent.
13.4 A formal grievance, when initiated, shall be in writing on an approved form (Appendix E), and shall be filed with the Site Administrator. The form shall be mutually developed and approved by the LTA and the District to show the following:
a) Grievant’s name and work location;
b) Grievant’s assignments;
c) The date the grievance is delivered to the Site Administrator;
d) The specific section(s) of the contract alleged to have been violated;
e) The circumstances of the grievance, including at least a statement of the facts constituting the alleged violation, names, dates, and places, as appropriate;
f) The remedy sought by the grievant; and
g) The signature of the grievant.
13.5 In processing grievances, the parties will make a good faith effort to avoid interruption of normal services to District operations.
LEVEL I
13.6 Informal Initiation of Grievance. The grievant shall first discuss the grievance with his/her Site Administrator with the objective of resolving the matter informally. This shall occur within fifteen (15) days of when the grievant learned of the alleged grievable occurrence of action.
13.7 Formal Initiation of Grievance. If the grievant is not satisfied with the informal disposition of the grievance, he/she may communicate the grievance in writing to his/her Site Administrator within ten (10) days of the informal meeting. The Site Administrator shall make a written decision and attach it to the original written grievance with a copy sent to the grievant within ten (10) days of receipt of the written grievance.
Level II
13.8 If the grievant is not satisfied with the decision of the Site Administrator, he/she may appeal to the Superintendent in writing within ten (10) days of the decision rendered and include a statement of the reasons for the appeal. Appeals to the Superintendent shall be heard by the Superintendent or designee within ten (10) days of receipt of the appeal. Within five (5) days of the hearing, a written decision will be sent to the grievant and the LTA.
Level III
13.9 If the grievant is not satisfied with the decision of the Superintendent, he/she may appeal to the Board within 30 days of the receipt of the Superintendent's decision. The Board shall review the grievance within thirty (30) days and sustain, deny, or otherwise modify the Superintendent's decision.
Level IV
13.10 If the grievant and/or the Association is not satisfied with the disposition of the grievance or if no disposition has occurred within forty (40) days after appeal to Level III, the grievant may request the Association to submit the grievance to arbitration.
13.11 If the Association proceeds to arbitration, it shall notify the District in writing within ten (10) days after the Level III decision, or within forty (40) days after the appeal to Level III, if no decision was issued. Within ten (10) days of such notification, representatives of the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator within the specified period, the Association shall file a Demand to Arbitrate to the American Arbitration Association. The selection of the arbitrator and the arbitration proceeding shall be conducted under the Voluntary Labor Arbitration Rules of the American Arbitration Association.
13.12 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning, and conclusions of the issues submitted. The arbitrator shall have no power to add to, to subtract from, or to change any of the terms or provisions of this Agreement. Jurisdiction shall extend solely to claims of violations of specific written provisions of the Agreement and involve only the interpretation and application of the Agreement. The decision and award shall be based upon the joint submission agreement of the parties with respect to the specific interpretation and application of the Agreement. In the absence of an agreed-upon joint submission agreement, the arbitrator may formulate the issue or issues to be decided after hearing from each of the parties in the presence of the other party. The decision of the arbitrator will be submitted to the Association and to the Superintendent and will be final and binding upon the parties. If any question arises as to the grievance, such question will be ruled upon at the arbitrator’s discretion.
13.13 All costs for the services of the arbitrator, including but not limited to, per diem expenses, his/her travel and subsistence expense and the cost of any hearing room, will be borne equally by the Board and the Association. All other costs, except for release time for the grievant(s), Association representatives, and witnesses, will be borne by the party incurring them.
TIME LIMITS
13.14 Time limits provided for at each level shall begin the day following receipt of the grievance, grievance appeal, or written decision.
13.15 Since it is important that grievances be processed as rapidly as possible, the time limits specified at each level should be considered to be maximums and every effort should be made to expedite the process. The time limits may, however, be extended by mutual agreement.
13.16 In the event a grievance is filed at such a time that it cannot be processed through all the steps in this procedure by the end of the school year and, if left unresolved until the beginning of the following school year could result in harm to an aggrieved person, the time limits set forth herein will be reduced so that the procedure may be exhausted prior to the end of the school year or as soon as is practicable.
RIGHTS OF REPRESENTATION
13.17 A unit member alleging a grievance may be represented at all stages of the grievance procedure by himself/herself or, at the grievant's option, by an Association-designated representative. Except for health reasons, the grievant shall be present in conference at all levels.
NO REPRISALS
13.18 No reprisals of any kind will be taken by the Superintendent or by any member or representative of the administration or the Board against any aggrieved party, any party in interest, any member of the Association, or any other participant in the grievance procedure by reason of such participation.
MISCELLANEOUS
13.19 The Association, either in its own behalf, or in behalf of the affected teachers, may initiate a grievance which affects more than one (1) unit member at Level II.
13.20 Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall preclude any further appeal on the grievance. Failure by the District to respond within the specified time limits shall authorize the grievant to proceed to the next step in the procedure.
13.21 The filing of a grievance shall in no way interfere with the right of the District to proceed in carrying out its administrative responsibilities Subject to the final resolution of the grievance. In the event the alleged grievance involves an order, requirement, or other directive, the grievant shall fulfill or carry out such order, requirement, or other directive pending the final resolution of the grievance, except where unusual or abnormal safety hazards have been determined to exist.
13.22 All documents, communication and records dealing with the grievance process will be filed separately from the personnel files of the participant.