19.1 Definitions

19.1.1 Grievant – A unit member or the Association on behalf of the membership, filing a grievance.

19.1.2 Grievance – A written claim by a grievant that there has been an alleged violation, misinterpretation, or misapplication of any provision of this Agreement except for those provisions specifically exempted from the grievance procedure.

19.1.3 Days – Days when the central administrative office is open.

19.2 Rights to Representation

19.2.1 A grievant may be represented at all stages of the grievance procedure by himself/herself, his/her representative, or by an Association representative selected by the Association, except as provided in Section 19.2.4 of this Article.

19.2.2 If the grievant is not represented by the Association and does not object, the Association shall have the right to be present and to state its views at all meetings, hearings, appeals, or other proceedings related to a grievance. If there is any objection, the Association shall be supplied with findings from each level.

19.2.3 If two (2) or more persons have the same grievance, the District or such persons may elect to consolidate the grievances and have them considered at the same time. The Association may initiate and submit such a grievance in writing at Level Two. The signatures of the grievants must be present on the grievance form to indicate their election. Any decision rendered shall apply to all parties.

19.2.4 Nothing contained herein shall be construed as limiting the right of any grievant to discuss the matter via administrative channels and to have the problem adjusted at any level of the grievance procedure without the intervention of the Association so long as the adjustment is reached prior to arbitration. Unless the grievant objects, the Association may be in attendance at these discussions. The Association shall be notified in writing as to the disposition of the matter and such disposition shall not be 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 a copy of the proposed resolution and has been given the opportunity to file a response.

19.3 Procedures

19.3.1 Informal Level

Before filing a formal written grievance, the unit member may attempt to resolve the problem through an informal conference with the unit member’s appropriate supervisor. Unit members must clearly state to the supervisor that the discussion relates to an informal grievance so that the nature and purpose of the discussion is understood by both parties.

19.3.2 Formal Levels54

19.3.2.1 Level One

Within twenty (20) days from the date of the occurrence of the act or omission giving rise to the grievance, the grievant must file in writing with the immediate supervisor a Report of Grievance. This report must describe the event giving rise to the grievance, must list the specific provisions of this Agreement which were allegedly violated, and must state the remedy sought by the grievant. The grievant must sign the Report of Grievance. The grievant’s immediate supervisor must respond with a written decision within ten (10) days following the receipt of the grievant’s Report of Grievance.

19.3.2.2 Level Two

In the event that the grievance is not considered by the grievant to be satisfactorily resolved at the first level, the grievant may, within ten (10) days following receipt of the Level One reply, transmit to the Superintendent/designee a copy of the original Report of Grievance and a copy of the Level One reply with the notation that the grievant is appealing to Level Two. Unless mutually agreed otherwise within ten (10) days after receipt of the grievance, the grievant and the Superintendent/designee shall meet to discuss the grievance and attempt to arrive at a mutually satisfactory solution. Within ten (10) days after this meeting, the Superintendent/designee shall respond with a written decision.

19.3.2.3 Level Three – Mediation

If the grievant is not satisfied with the decision at Level Two, the grievant may, within ten (10) days, submit a written request for mediation of the grievance. In this event, the District shall, within five (5) days, submit to the California State Conciliation Service a written request for the immediate services of a mediator.

a. The function of the mediator shall be to assist the parties to achieve a mutually satisfactory resolution of the grievance. At the onset of the process, the mediator shall schedule a meeting at a mutually agreeable time for the purpose of resolving the matter through mediation.

b. If a satisfactory resolution of the grievance is achieved by means of this mediation process, both parties to the grievance shall sign a written statement to that effect and thus waive the right of either party to any further appeal of the grievance.

c. The District and the Association have agreed that this level (Level Three of this Grievance Procedure) may be waived by mutual agreement. If no satisfactory settlement is reached within ten (10) days following the first meeting with the mediator, either party may appeal the grievance to the next level (Level Four).

19.3.2.4 Level Four

If the grievant is not satisfied with the disposition of the grievance at Level Three, the grievant may, within ten (10) days after the mediation process (Level Three) has been exhausted, request that the Association submit the grievance to arbitration. 55

a. If the Association decides to submit the grievance to arbitration, it may, within ten (10) days after receipt of the request from the grievant, give written notice to the Superintendent/designee of its intent to submit the grievance to arbitration.

b. Within ten (10) days of such notice the Superintendent/designee shall request the services of an arbitrator from the California Conciliation Service.

c. The arbitrator selected will confer with the Superintendent/designee and the Association and will hold hearings promptly and will issue a decision not later than twenty (20) days from the date of the close of the hearings or if oral hearings have been waived, from the date the final statements and proofs are submitted to him/her.

d. The arbitrator’s decision will be in writing and will set forth findings of fact, reasoning, and conclusions on the issues submitted.

e. The arbitrator will be without power or authority to change any of the contract or to make any decision which is violative of the contract.

f. The decision of the arbitrator will be final and binding on the parties and will be submitted to the District and the Association.

g. The arbitrator, in rendering his/her opinion, shall not amend, modify, nullify, ignore, nor add to the provisions of this Agreement. His/her authority shall be limited to deciding only the issue or issues presented to him/her in writing by the District and the grievant or his/her representative, and the arbitrator’s decision must be based upon his/her interpretation of the meaning or application of the language of this Agreement.

h. The cost for the services of the arbitrator including per diem expenses, if any, travel, and subsistence expenses will be borne equally by the Board and the Association. Any other costs will be borne by the party incurring them.

19.4 General Provisions

19.4.1 No reprisals of any kind will be taken by the Superintendent or any member or representative of the Administration or Board against any persons involved in the processing of a grievance by reason of such participation.

19.4.2 Upon request, the parties in interest agree to make available to each other all pertinent information, considered to be a normal work product and not privileged nor confidential under law, in their possession or control and which is relevant to the issues raised by the grievance.

19.4.3 An Association representative shall be released from regular assignment should the investigation or processing of a grievance require the release time. The 56

grievant(s) shall be released, if necessary, to attend meetings at various levels of the grievance. Such release time shall be without loss of pay or benefits.

19.4.4 All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.

19.4.5 Forms for processing grievances will be prepared jointly by the Superintendent and the Association so as to facilitate operation of the grievance procedure (Appendix D). The costs of preparing such forms shall be borne by the District.

19.4.6 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 in writing. In the event of emergency or that parties essential to the processing of the grievance are out of the District, the time lines should be adjusted accordingly.