The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which from time to time may arise affecting the welfare or working conditions of unit members. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
Nothing contained herein will be construed as limiting the right of a unit member having a grievance to discuss the matter informally with the appropriate administrator and to have the grievance adjusted without intervention by the Association, provided the adjustment is consistent with the termsof this Agreement. WheretheunitmemberhasdeclinedAssociation representation in the grievance proceedings, the District shall not agree to a final resolution of the grievance until the Association has received a copy of the grievance and proposed settlement and has been given the opportunity to file a response to the matter within ten (10) working days.
Since it is important that a grievance be processed as rapidly as possible, the time limits specified at each level should be considered maximum and every effort should be made to expedite the process. The time limits may, however, be extended by mutual agreement.
In the event a grievance is filed at such time that it cannot be processed through all the steps of the grievance procedure by the end of the school year, and if left unresolved until the beginning of the next school year could result in harm to the aggrieved person, the time limits set forth herein will be reduced by mutual agreement so that the procedure may be completed prior to the end of the school year or as soon as practicable.
Level One - The aggrieved person will first discuss the grievance with the appropriate principal/supervisor, either directly or through the Association’s designated grievance representative, with the objective of resolving the matter informally.
Level Two - If the aggrieved person is not satisfied with the disposition of the grievance at Level One, he/she should present a written grievance to the appropriate principal/supervisor and the Association representative simultaneously within ten (10) days of the discussion at Level One. The principal/supervisor shall respond in writing within five (5) days of receipt of the written grievance. This response should involve good faith effort to resolve the grievance and suggest possible solutions to the grievance.
Level Three - If no written decision has been rendered within five (5) days after the presentation of the Level Two Grievance, or the aggrieved person is not satisfied with the disposition of the grievance at Level Two, he/she may file the grievance in writing, simultaneously with the President of the Association and the Superintendent, within ten (l0) days. Within five (5) days after receipt of the written grievance by the Superintendent, the Superintendent or his/her designee, will meet with the aggrieved person in an effort to resolve the grievance. The Superintendent will respond in writing within five (5) days after the meeting to the grievant and the Association simultaneously. The Association, either on its own behalf or on behalf of the affected unit member, may initiate a grievance which affects more than one unit member in more than one building at Level Three.
Level Four - An appeal of the above decision may be made in writing by the grievant to the Governing Board for review within twenty (20) days after the decision of the Superintendent has been received. If either party requests a meeting it shall be scheduled within ten (l0) days of receipt of the request. The grievant shall have no less than three (3) days notice of the meeting. The decision shall be rendered within five (5) days after the meeting. The Association will receive a copy of the grievance and the proposed solution.
Level Five - The grievant may, within five (5) days after a decision by the Governing Board, request in writing that the Association submit his/her grievance to arbitration. The Association, by written notice to the Superintendent within ten (l0) days after receipt of the request from the aggrieved person, may submit the grievance to binding arbitration. If any questions arise as to the arbitration of the grievance, such will be ruled upon by the arbitrator only after he/she has had an opportunity to hear the merits of the grievance. Within ten (l0) days after such written notice of submission to arbitration, the District or its designee will attempt to agree upon a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. If parties are unable to agree upon an arbitrator or obtain a commitment within ten (l0) days, a request for a list of arbitrators will be made to the California State Mediation and Conciliation Service (CSMCS) in accordance with its procedures. Upon receipt of the list, the parties shall determine by lot which party shall have the right to strike the first name from the list. The party having the right to remove the first name shall do so within two (2) days and the parties shall alternately strike until one name remains. The striking process shall take no more than four (4) days. The person whose name remains shall be the arbitrator. In the event CSMCS cannot provide a list, either party may request a list from the American Arbitration Association, and the parties will proceed in the same manner specified above. The arbitrator so selected will confer with representatives of the District and Association and hold hearings promptly. The arbitrator’s decision will be issued no later than twenty (20) days from the date of the close of hearings, or if oral hearings are waived, then from the date the final statements and proofs are submitted to him/her. The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decisions which require the commission of an act prohibited by law or which is in violation of the terms of this Agreement. It is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies judged to be proper. The decision of the arbitrator will be submitted to the Superintendent and the Association and will be final and binding upon the parties. All costs for the services of an arbitrator, including but not limited to per diem expense, travel and subsistence expenses and the cost of a hearing room will be borne equally by the District and Association. All other costs will be borne by the party incurring them.