Complaint Procedure Section 1. Complaints involving charges of sexual harassment, crime (whether misdemeanor or felony), or charges of discrimination are explicitly excluded from consideration under this Article. Such charges shall be pursued under appropriate laws, policies and procedures.
Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and shall not be subject to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed with the Adjunct Faculty Member in a separate meeting and the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause.
Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If the complaint appears to have substance, the complaint and the name of the person making the complaint should generally be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt of the complaint.
Section 4. The complaint and the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting.
Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting.
Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file.
Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.
GRIEVANCE PROCEDURE 9.01 The Employer and the Union recognize that grievances may arise concerning:
(a) differences between the Parties respecting the interpretation, application, operation or alleged violation of a provision of this Agreement, including questions as to whether or not a matter is subject to arbitration; or
(b) dismissal or discipline of an employee bound by the Agreement. The purpose of this Article is to provide the sole method for the settlement of a grievance alleging the violation of a specific provision of this Agreement. The Employer and the Union recognize that the goal of this grievance procedure is to attempt to resolve a grievance at the earliest possible opportunity with the least amount of time and resources. Such a grievance must be presented and processed in accordance with the steps, time limits and conditions set forth herein.
Step 1 The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee’s option), shall first discuss the grievance with their immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. In this first step, both parties shall make every effort to settle the dispute. If the grievance is not settled at this step, then:
Step 2 The grievance shall be reduced to writing within a further seven (7) calendar days by:
a) recording the grievance on the appropriate grievance form, setting out the nature of the grievance and the circumstances from which it arose;
b) stating the article of the Agreement infringed upon or alleged to have been violated and the remedy or correction required;
c) the grievance shall be signed by the employee and a Shop Xxxxxxx or Union Committee member;
d) the supervisor shall acknowledge receipt of the written grievance by signing and dating the grievance form at the time the grievance is presented; and
e) within seven (7) calendar days of receipt of the written grievance, the supervisor or the department head shall give their written reply. If the grievance is not settled at this step, then;
Step 3 The Union Committee and the Employer, or its delegate, shall meet within twenty-one (21) calendar days or other mutually agreed to time to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration within a further twenty-one (21) calendar days.
Impasse Procedure 1. If negotiations are not successfully concluded by the first day of school, impasse shall exist. At any earlier time either party may declare impasse. The parties may mutually agree to extend impasse deadlines. Upon reaching of impasse, the items causing the impasse shall be referred to a three-member committee.
2. The fact finding committee shall consist of: (a) one (1) fact finder selected by the association with written notice given to the board within five (5) calendar days after the reaching of impasse; (b) one (1) fact finder selected by the board with written notice given to the association within five (5) calendar days after the reaching of impasse. The bargaining spokespersons for the board and association shall, within five (5) calendar days of the existence of the impasse, transmit a written request bearing both their signatures to the State Superintendent of Public Instruction for a list of five (5) potential fact finders. Within ten (10) days of being notified that a fact finder is needed, the State Superintendent of Public Instruction or designee shall provide the names of five potential fact finders selected at random from the list of appointees who are available to serve as a member and the chairperson of the committee. The parties shall select the fact finder from the five names.
3. Within five (5) calendar days of receipt of the list provided by the State Superintendent of Public Instruction or designee, the bargaining spokespersons for the board and association shall select the fact finder. If no name on the list is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. The parties will then continue alternately striking names from the list until only one name remains. The person whose name remains on the list will serve as the chairperson of the fact finding committee.
4. Within five (5) days after the selection of the chairman, the representatives who have been negotiating for the Board and for the Association shall meet to exchange written language on each item at impasse. The exchanged documents shall also be furnished by each party to the chairman and other members of the committee.
5. The chairman shall convene the committee for fact finding. This committee shall meet with the representatives of both parties. The fact finding representative of the Board and the Association agree to request that rules be developed on the following procedures: (1) the date, time and place of the fact finding hearing; (2) fact finding hearing procedures; (3) rules for the calling and questioning of witnesses, as well as the presentation of other documentary and oral evidence; (4) the order of consideration of the bargaining issues in dispute; (5) posthearing committee meetings and procedures; (6) pre- and post-hearing communications between and among fact finders and bargaining representatives for the parties; (7) standards of content for the fact finding committee report; and (8) any other matters deemed important to the conduct of a fair and orderly fact finding. A properly executed copy of the "fact finding convention agreement" shall be transmitted to the bargaining spokespersons for receipt no later than five (5) calendar days prior to the holding of the fact finding hearing. Within twenty (20) days after the chairman is selected, the committee shall present written recommendations to the local Board and to the Association.
6. If either party decides it must reject one or more of the committee's recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and for the Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the representatives shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of the written statements, either party may discontinue such effort.
7. If the effort to resolve differences is successful, the board and association shall draft a tentative negotiated agreement subject to final ratification or approval by each party. An original copy of such agreement, when duly ratified or approved by both parties, signed by the President and bargaining spokesperson for the Board and the President and bargaining spokesperson for the Association, dated and notarized, shall also be forwarded to the office of the State Superintendent of Public Instruction by the Board within fourteen (14) calendar days of its execution, with the Board providing a copy of the certified mail receipt to the Association.
8. If the effort to resolve differences is unsuccessful in whole or in part, the Board shall forward by certified mail to the office of the State Superintendent of Public Instruction its final disposition of the negotiations impasse process within thirty (30) calendar days of the effective date of the disposition's implementation, with the Board providing a copy of the certified mail receipt to the Association.
9. The costs for the services of the factfinding committee, including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: the Board shall assume the expenses of the Board representative, the Association shall assume the expense of the Association representative, and the expenses of the third member shall be shared equally by the Board and the Association.
10. The local Board shall forward by certified mail a copy of the fact finding committee report to the office of the State Superintendent of Public Instruction within fourteen (14) calendar days of its own receipt of such report and shall provide the association a copy of the certified mail receipt.
Formal Grievance Procedure 1. In the event that a complaint cannot be resolved informally, the parties shall pursue the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration.
2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than seven (7) days after receipt of a written request.
3. Internal Steps in the Procedure
a. Step One: The Director of Human Resources
(1) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description of the grievance, clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form.
(2) Within eight (8) days of receipt of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4) of this article.
