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ARTICLE V
GRIEVANCE PROCEDURE
5.1 Definitions
5.1.1 A "grievance" is a statement by a unit member or the Association that the District has allegedly violated, misinterpreted or misapplied an express term or provision of this Agreement and by reasons of such violation his/her/its rights have been adversely affected.
5.1.2 A "grievant" is an individual unit member or the Association who alleges that a grievance has occurred. If two or more unit members have the same or similar grievance, then the District shall process the first grievance filed and shall apply the remedy thereto to all other grievances filed on the same or similar subjects.
5.1.3 "Days" shall consist of days during which the District central office is open for business. Any time limits affected by the Winter or Spring breaks, shall be extended by ten (10) and five (5) days respectively.
5.1.4 The "immediate supervisor" is the manager having immediate jurisdiction over the grievant who has been designated by the District to adjust grievances. Normally the "immediate supervisor" will be the grievant's principal. In the case of a traveling unit member, the "immediate supervisor" shall be the principal at the site where the alleged violation took place, or the departmental supervisor if the allegation is not site based.
5.2 Purpose
5.2.1 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to an alleged grievance.
5.2.2 Nothing contained herein will be construed as limiting the right of any unit member having a grievance to discuss the matter informally with an 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 the Agreement and that the Association has been given an opportunity to be present at such adjustment and to state its views. The right to be present shall mean present without speaking, unless invited to by both parties. To state its views shall mean a brief statement at the end of the meeting between the parties prior to adjournment.
5.2.3 Time limits specified at each level shall be considered maximums and every effort shall be made to expedite the process. The time limits may, however, be extended by mutual agreement. If a grievance is filed towards the end of the school year, the parties shall make a good faith effort to shorten the time limits so that the grievance is resolved prior to the end of the school year or as soon thereafter as possible.
5.3 Procedure
5.3.1 Informal Level: Before filing a formal grievance the grievant shall attempt to resolve the alleged grievance by having an informal conference with his/her immediate supervisor. Such a conference shall be held within twenty (20) days of the occurrence of the act or omission giving rise to the grievance, or within twenty (20) days from the date the grievant has, with reasonable diligence, knowledge of the act or omission.
5.3.2 Formal Level One: If the grievant is not satisfied with the disposition of the grievance at the Informal Level and wishes to pursue the matter, then, within ten (10) days after presentation of the grievance at the Informal Level, the grievant shall file the grievance in writing with his/her immediate supervisor. Following receipt of the written grievance, the immediate supervisor shall arrange a meeting with the grievant to review and discuss the grievance. The immediate supervisor shall arrange the meeting and provide a written response to the grievant within ten (10) days of the receipt of the written grievance.
5.3.3 Formal Level Two: If the grievant is not satisfied with the disposition of the grievance at Formal Level One, then the grievant may appeal, in writing, the decision at Formal Level One to the District's designated Grievance Officer. Such an appeal shall occur within five (5) days of receipt of the decision at Formal Level One. Following receipt of the appeal, the District's designated Grievance Officer shall arrange a meeting with the grievant to review and discuss the grievance. The District's designated Grievance Officer shall arrange the meeting and provide written response within ten (10) days of the receipt of the appeal.
5.3.4 Formal Level Three: If the grievant is not satisfied with the disposition of the grievance at Formal Level Two, then the grievant may, within five (5) days of the receipt of the decision at Formal Level Two, request in writing that the Association submit his/her grievance to binding arbitration. The Association, by written notice to the District's designated Grievance Officer within ten (10) days after receipt of the request from the grievant, may submit the grievance to binding arbitration. If any question arises as to the arbitrability of the grievance, such question shall be ruled upon by the arbitrator.
5.3.4.1 The parties shall attempt to select a mutually acceptable arbitrator. If agreement is not reached within five (5) days of the Association's submission of the grievance to binding arbitration, the parties shall request a list of arbitrators from either the California State Conciliation Service or the American Arbitration Association. The decision as to who strikes the first name shall be determined by the flip of a coin. The parties shall alternately strike names from the list until only one name remains. This person shall serve as the arbitrator.
5.3.4.2 The arbitrator shall have no power to amend, alter, change, add to, or subtract from any of the terms of this Agreement. The arbitrator shall make a ruling on whether or not there has been a violation, misapplication or misinterpretation of the Agreement as alleged in the grievance. The decision and remedy, if any, of the arbitrator shall be in writing and be based upon the evidence and arguments presented to him/her by the respective parties in the presence of each other or in post hearing briefs.
5.3.4.3 The decision of the arbitrator shall be final and binding.
5.3.4.4 If the Board or the Association later files a judicial action claiming that the arbitrator exceeded his/her authority, the parties agree that the facts of said claim shall be presented to the courts.
5.3.4.5 All costs for services of the arbitrator, including, but not limited to, per diem expenses, travel and subsistence expenses and the cost of any hearing room will be borne equally by the Board and the Association. All other costs, except for reasonable release time, will be borne by the party incurring them.
5.4 Miscellaneous
5.4.1 The written statement of the grievance or appeals shall contain the provisions of the Agreement alleged to have been violated, the circumstances involved, the decision, if any rendered at the previous level, and the specific remedy sought.
5.4.2 No reprisals shall be taken by the District or the Association against any participant in the grievance procedure.
5.4.3 A unit member may be represented by himself/herself, or, at his/her option by an Association representative up to and including Formal Level Two. The District's designated Grievance Officer or his/her designee may be present at each level of the procedure.
5.4.4 Time limits for appeal provided in each Level shall begin the day following receipt of written decision by the parties in interest.
5.4.5 If the grievance is not processed by the grievant in accordance with the time limits set forth in this Article, then the grievance shall be considered settled on the basis of the decision last made by the District. If the District fails to respond to the grievance in accordance with the time limits set forth in this Article, then the grievance shall be deemed denied and the grievant may proceed to the next level.
5.4.6 All documents, communications and records developed for the processing of a grievance will be filed in a separate grievance file and will not be kept in the personnel file of the grievant or any of the participants.
5.4.7 The filing or pendency of a grievance shall not delay or interfere with implementation of any District action during the processing thereof.
5.4.8 Reasonable release time shall be granted for processing grievances, however, meetings will normally be scheduled at a time that will not conflict with regular unit members’ instructional duties. However, unusual circumstances may warrant that a grievance meeting be conducted during the grievant's regular instructional time. When arbitration hearings are scheduled so as to conflict with the work hours of the grievant, representatives and/or witnesses, release time without loss of salary or benefits will be provided.
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