Grievance Procedure

Click on the link below to download the grievance form. The contract language explaining the grievance procedure is below.

ARTICLE V: GRIEVANCE PROCEDURES
V A. Definitions

V Al.
A "grievance" is a formal written allegation submitted on a mutually approved form by a grievant that the grievant has been adversely affected by a violation, misinterpretation or misapplication of provisions of this agreement.

V A2.
A "grievant" is a Unit Member or the Association filing a grievance herein.

V A3.
A "class action grievance" is a consolidation of several similar grievances into a single grievance. All grievants to be included will make their own written allegation and each will independently go through Level I and each will authorize such consolidation and agree to abide by that outcome. A class action grievance may be filed by the Association at Level II of the Grievance Procedure. At least one of the grievants shall be in attendance at each level of the class action procedure.

V A4.
A "Day" for the purpose of this Article, refers to any day as defined in Article VII

A1 
1. Since a "day" must fall within the work year of a unit member, any day not included in the unit member's work year shall not constitute a "day" in grievance procedures. However, if a unit member initiates grievance procedures with ten (10) days or less remaining in the work year, the grievance process shall proceed following the timelines for the normal work year. However, the grievance process may be suspended until the beginning of the following work year, should both the grievant and district agree in writing to do so.

V A5.
"Management Supervisor" or "Appropriate Dean" refers to the management employee who has immediate jurisdiction over the grievant.

V A6.
Time limits provided for at each level shall begin the day following receipt of the grievance appeal or written decision.

VB. Purpose
VB l.
Nothing contained herein shall be construed as limiting the right of any Unit
Member having a grievance to discuss the matter informally with any appropriate
member of the Administration and to have the grievance adjusted without
intervention by the Association, provided that the adjustment is not inconsistent
with the terms of this agreement. The District shall not agree to a resolution of the
grievance until the exclusive representative has received a copy of the grievance
and the proposed resolution, and has been given the opportunity to file a response.
VB2.
Since it is important that grievances be processed as rapidly as possible, the time
limits specified at each level shall be maximums and every effort shall be made to
expedite the process. The time limits may, however, be extended by mutual
agreement.
V C. Informal Level
The grievant shall attempt informal resolution of a grievance in conference with the
appropriate dean prior to initiating a grievance.
VD. Level I
VDl.
Within twenty (20) days after the alleged occurrence of the act or omission giving
rise to the grievance, the grievant must present the grievance in writing on the
appropriate District form to his/her appropriate dean. The grievance should be a
clear, concise statement of the issue, the specific Article or Section of this
agreement violated or misinterpreted, the circumstances involved, the date of any
informal conference and the specific remedy sought. (See Appendix A)
VD2.
Within ten (10) days after a grievance is filed, a conference must be scheduled if
requested by either party. At the conference either party may be accompanied by
an advisor or representative.
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VD3.
The appropriate dean's decision shall be communicated in a clear, concise written
statement to the Unit Member and the Association within fifteen (15) days after
receiving the grievance.
VE. Level II
V El.
In the event the grievant is not satisfied with the Level I decision, the grievant
may, within ten (10) days, appeal the decision to the Superintendent/President or
his designee on the appropriate District form. This appeal shall include a copy of
the original grievance, the decision rendered at Level I, and a clear, concise
statement of the reason(s) for the appeal.
V E2.
Within five (5) days after the appeal is filed, a conference must be scheduled if
requested by either party. At the conference either party may be accompanied by
an advisor or representative. The conference shall be held at a time which would
not interfere with normal operations of District.
VE3.
The Superintendent/President or designee shall communicate in a clear, concise
written statement a decision to the Unit Member within fifteen (15) days after
receiving the grievance.
V F. Level Ill (Optional Mediation)
VFl.
If the grievance is not satisfactorily resolved at Level II, the parties may mutually
agree to non-binding mediation within 15 working days after receiving the LeveJ
II response.
VF2.
Within twenty (20) days after the parties have agreed to mediation, the association
and the District shall attempt to agree upon a mediator. If they are unable to agree
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upon a mediator, the parties shall mutually request assignment of a mediator from
the State Conciliation and Mediation Service.
VF3.
The mediator shall meet with the grievant (the Association shall be included only
if the grievant has determined to allow intervention of the association) and the
District for the purpose of resolving the grievance.
V F4.
Either party may terminate the optional mediation process at any time.
VFS.
If a resolution is achieved through the use of the mediation process, both parties
shall sign a written statement to that effect, waiving the right to any further appeal
of the grievance and thereby terminating the grievance.
VF6.
If the mediation does not successfully resolve the dispute, the Association may
within ten (10) days of the termination, proceed to Level IV.
V G. Level IV Binding Arbitration
VGl.
If the grievance is not suitably resolved at Level II or Level Ill the Association
may, within 30 days submit the matter to the American Arbitration Association
(AAA) for binding arbitration.
VG2.
AAA shall be requested to submit a list or lists of arbitrators to the parties for
their selection of an impartial arbitrator; and if no mutually acceptable selection is
made by the parties after the elimination of the second list, AAA shall appoint the
arbitrator in accordance with its rules then obtaining.
VG3.
The decision of the arbitrator shall be final and binding upon the parties, but the
arbitrator shall have no authority to add to, subtract from or modify this
agreement.
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VG4.
Binding arbitration is subject to the following conditions:
1. shall not apply to any matter the District is defending in a civil proceeding
2. shall not apply to any salary issues that have been previously negotiated
3. the party that does not prevail in the arbitration shall pay 100% of the cost
of the arbitrator
4. if settlement is reached during the pendency or arbitration proceedings, the
costs shall be divided equally.
5. each party shall bear its own costs of presenting its case to the arbitrator.
If the procedure is not completed within the specified time by the appropriate
management level handling it, the grievant may proceed to the next level.
VGS.
This level represents the final step in the grievance procedure. Completion of this
step constitutes exhaustion of internal administrative remedies under this
agreement.
VG6.
No reprisals of any kind will be taken by any Unit Member or representative of
the Administration or the Board or by the Association against any grievant, any
member of the Association, or any member of management, Trustee or other
participant in the Grievance procedure by reason of such participation.
VG7.
When it is necessary for a representative designated by the Association to attend a
grievance meeting or hearing during the work day, he/she shall, upon notice to the
Superintendent/President by the Association President, be released without loss of
pay in order to participate in the ongoing activities. Every effort shall be made to
schedule meetings and hearings at times which would not interfere with normal
operations of District. Any Unit Member who is requested to appear in such
scheduled meetings or hearings as a witness will be accorded the same right.

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MSJC FA,
Aug 7, 2013, 5:55 PM
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