ARTICLE 24 - GRIEVANCE PROCEDURE
24.1
Definitions and General Provisions
24.11
"Grievance" A grievance is an
allegation that a specific and identifiable section of this Agreement has been violated.
24.111
Allegations or complaints of unlawful
discrimination as listed in Article 3.1 of this Agreement will be processed
under this grievance procedure as permitted under Article 3.2.
24.112
Grievances for disciplinary action, see Article 21.
24.12 "Grievant"
Any Classified employee, group of Classified employees or the Federation who
alleges a violation of the terms and conditions of this Agreement and thereupon
initiates grievance procedures.
24.13 "Parties
Directly Involved" The Grievant, any Management official who rendered a
decision on the grievance, the Federation Representative and the Director of
the Human Resources Department, who is the Management Contract Administration Officer.
24.14
"Days" as used herein shall mean
Monday through Friday, excluding College holidays and scheduled breaks between
academic terms during the 12 month academic year and shall not include the day
on which a grievance is presented or appealed or decision rendered.
24.15 "The
Federation Representative" shall be the Classified employee or individual
authorized by the Federation to represent the interests of the Grievant and the
Federation. The Grievant and the authorized Federation Representative shall be
permitted to attend meetings with Management for the purposes of adjusting
grievances under this Article without loss of pay when such meetings occur
during the employees' regular working hours.
24.16 "The
Written Statement of Grievance" shall include the Article(s) of the
contract to have been violated, the factual details of the violation, the
requested remedy(s) and shall be signed by the
grievant.
24.17 "Copies
of the Grievance Statement" shall be provided to the Federation
Representative and the Director of the Human Resources Department as a part of
the grievance filing process. This statement shall be the basis for the formal
consideration at each step in the formal grievance procedure and shall not be
materially altered when presented at subsequent steps in the formal process
unless new facts or evidence appear.
24.18 "Timelines"
may be extended by mutual agreement. The agreement must be in writing and
include the dates to which the timelines have been extended. It will be signed
by the supervisor involved or the Director of the Human Resources Department
and the Federation Representative or the Grievant.
24.19
If either party fails to comply with the
timelines established in this Article, the grievance shall proceed to the next
step except:
24.191
If the President defaults on the timelines
(Articles 24.25 and 24.32), the grievance may proceed to arbitration.
24.192
If the Federation defaults on the timelines for
arbitration (Article 24.41), the grievance shall be settled.
24.20 No
official grievance document nor any document related to a grievance filed by or
about any employee shall be placed in the official employee file nor shall such
document(s) be used in any recommendation for job placement or in the
employee's annual assessment.
24.2
Individual Grievance Procedure (Individual Grievance)
Preamble: The
Federation and Management agree that every attempt should be made to resolve
differences informally. By mutual agreement a grievance may be filed at or
advanced to a higher step. The agreement must be in writing and signed by the
Director of Human Resources or designee and the Federation Representative.
24.21 Step 1: Meet with the Supervisor. The Grievant(s) shall meet with the supervisor to
informally discuss the grievance. This meeting shall take place within 22 days
of the event which is the subject of the grievance or knowledge thereof. All
effort will be made to resolve the issue(s) of the grievance at this level. At
the Grievant's request, a representative from the Federation will attend this meeting.
24.22
Step 2: Written Grievance to the Supervisor. The
formal written statement of grievance (which meets the requirements of Article
24.16) shall be submitted to the Grievant's supervisor within 15 days of the
informal meeting. A copy shall be provided to the Federation and to the
Director of the Human Resources Department. Within 10 days of receiving the
statement of grievance, a meeting between the supervisor and the Grievant shall
occur. The supervisor shall answer in writing within 5 days after such meeting,
providing copies to all parties directly involved (Article 24.13). The answer
shall include a definitive decision and the rationale for the decision.
24.23
Step
3: Written Grievance to the Next Supervisory Level. If the Grievant is not satisfied with the
action taken by the supervisor, the Grievant may within 10 days, submit the
grievance to the next level of supervision. Within 10 days of receiving the
statement of grievance, the administrator shall meet with the Grievant. The
written decision of the administrator shall be sent to all parties directly
involved (see Article 24.13) within 5 days of the meeting with the Grievant.
24.24
Step
4: Written Grievance to the Executive Officer Level. If the Grievant is
not satisfied with the action taken by the administrator, the Grievant may,
within 10 days, submit the grievance to the Executive Officer. Within 10 days
of receiving the statement of grievance, the Executive Officer shall meet with
the Grievant. The written decision of the Executive Officer shall be sent to
all parties directly involved (see Article 24.13) within 5 days of the meeting
with the Grievant.
24.25 Step 5: Written Grievance to the President. If the
Grievant is not satisfied with the action taken by the Executive Officer, the
Grievant may within 10 days submit the grievance to the President. The College
President shall review the grievance statement, materials submitted during the
grievance process, and responses at each step. If the President decides to take
action which differs from that taken at the Step 4 level, he or she must notify
the Grievant in writing within 10 business days, with copies to all parties
directly involved.
24.3
Formal Grievance Procedure for a Group of
Classified Employees with Different Supervisors or the Federation
24.31 Step 1: Written Grievance to the Director of the Human Resources Department. The
written grievance shall be submitted to the Director of the Human Resources
Department and to the Federation (if the Federation is not the Grievant) within
22 days of the event which is the subject of the grievance or knowledge
thereof. The grievance statement shall meet the requirements of Article 24.16.
24.311
A
meeting with the Director of the Human Resources Department and any executive
officers who may be involved and the Grievant shall take place within 10 days
of the receipt of the written grievance.
24.312
The
Director of the Human Resources Department shall issue a written response
within 15 days of the meeting with copies to all parties directly involved
(see Article 24.13).
24.32 Step 2: Written Grievance to the College President. If the Grievance is not satisfied with the decision of the
Director of the Human Resources Department, the Grievant may within 10 business
days submit the grievance to the College President. The College President shall
review the grievance statement, materials submitted during the grievance
process, and the responses at each step. If the President decides to take action which differs from that taken at
the Step 1 level, he or she must notify the Grievant in writing within 10
business days with copies to all parties directly involved.
24.4
Arbitration
24.41 If
the Federation is not satisfied with the action taken by the President, the
Federation may within 15 days submit the grievance to binding arbitration.
24.42 The
arbitrator shall be appointed by mutual consent of the parties and shall
arbitrate utilizing the rules of the American Arbitration Association. The
parties shall attempt to agree on an arbitrator in each case. If the parties
are unable to agree upon an arbitrator within 10 days after arbitration is
invoked, they then shall jointly petition the State Employment Relations Board
for a list of 7 arbitrators. The parties shall select a single arbitrator from
the list by alternately striking names. The parties will schedule the
arbitration hearing as soon as possible.
Seven days’ notice of the time and place of the hearing will be given to
all parties.
24.43 The
arbitrator will decide only the issue or issues presented by the original
grievance unless otherwise agreed to by the parties. The decision of the
arbitrator shall be consistent with the terms of this Agreement and shall be
final and binding upon both parties and upon the Grievant, to the extent that
it is within the arbitrator's authority. The arbitrator shall not be empowered
to rule contrary to, to amend, to add or to eliminate any of the provisions of
this Agreement. Within 25 days after completion of the hearing, the arbitrator
shall render a decision.
24.431
In cases involving
suspension or termination, the arbitrator may award back pay to accompany an
order of reinstatement. However, the arbitrator shall not order reinstatement
in a case of an alleged procedural violation of the contract when just cause is proven.
24.44 Expenses
for the services of the arbitrator shall be born equally by the parties hereto.
It is further agreed that the above grievance/arbitration procedure shall be
final and is the sole method of settling disputes, differences or controversies
arising between the parties hereto or between a Classified employee and the
Board unless specifically stipulated otherwise elsewhere in the Agreement and
is further agreed that the employees covered hereunder shall be bound by any
decision, determinations, agreements or settlements which may be effectuated
pursuant to invoking the grievance/arbitration procedure.