Formal Level. (1) Level I - within fifteen (15) days after the occurrence of the alleged violation, misinterpretation, or misapplication of a provision of this Agreement, the grievant must present the grievance in writing on the approved form or lose the right to grieve. The form shall contain a clear, concise statement of the grievance, including the provision or provisions of this Agreement alleged to have been violated, misinterpreted, or misapplied; the circumstances involved, the decision rendered at the informal level, and the specific remedy sought. The immediate supervisor shall hold a hearing with the grievant, and shall communicate the decision in writing to the grievant within seven (7) days after receiving the grievance. In the event the immediate supervisor fails to conduct a hearing and render a decision in writing within seven days, the grievant shall notify the Superintendent, who shall convene a hearing with the immediate supervisor and the grievant within seven (7) days after notification, and direct the immediate supervisor to render a decision in writing. Such a directed decision shall be made within three (3) days.
(2) Level II - In the event the grievant is not satisfied with the decision at Level I, the grievant may appeal the decision on the approved form to the Superintendent or his/her designee within seven (7) days of the receipt of the Level I decision. The form shall include a copy of the original grievance, the decision at Level I, and a clear and concise statement of the reason for the appeal. The Superintendent or his designee shall hold a hearing with the parties and render a written decision within ten (10) days of the receipt of the appeal.
(3) Level III - In the event the grievant is not satisfied with the decision at Level II, the Association may advise the District within seven (7) days of receipt of the Level II decision of its intent to request a mediator from the California State Conciliation Mediation Service.
Formal Level. 4.3.1 Level I Within twenty (20) working days after the occurrence of the act or omission giving rise to the grievance, the grievant must present his/her grievance in writing on the appropriate form to the immediate supervisor and forward an information copy to the Superintendent at Level II. The supervisor shall communicate his/her decision in writing to the grievant with copies to the CSEA President and the job site representative within ten (10) working days after receiving the grievance. Within the above time limits either party may request a personal conference. If the supervisor does not respond within the time limits, the grievant may appeal the next level.
4.3.2 Level II In the event the grievant is not satisfied with the decision at Level I, he/she may appeal the decision to the Superintendent or his/her designee within ten (10) working days. The appeal should include a copy of the original grievance; the decision rendered at Level I, and a clear concise statement of the reasons for the appeal. The Superintendent or his/her designee will communicate his decision in writing to the grievant with copies to the Supervisor Level I, the CSEA President, and the job site representative within ten(10) working days after receiving the appeal. Either the grievant or the Superintendent may request a personal conference within the above time limits. If the Superintendent does not respond within the time limits, the grievant may appeal to the next level.
4.3.3 Level III Mediation In the event the grievant is not satisfied with the decision at Level II, the grievant or the Executive Director of Human Resources may submit a written request to the Superintendent or designee that the grievance be referred to the California State Conciliation Service for mediation. The mediator shall meet with the parties and attempt to facilitate a resolution of the pending grievance. The mediator shall have no authority to issue an opinion or recommendation.
Formal Level. The grievance shall be presented in writing to the employee’s immediate supervisor within ten (10) days of the occurrence giving rise to the grievance or within ten (10) days of when the grievant should have reasonably known of the occurrence. A copy of the grievance shall be filed with the Human Resources office. The supervisor shall reply in writing within ten (10) days thereafter after consultation with the Assistant Superintendent, Human Resources (Human Resources Director).
Formal Level. If the grievance is not settled in Step 1, the grievance shall be reduced to writing, fully stating the facts surrounding the grievance and detailing the specific provisions of this Agreement alleged to have been violated, the decision rendered at the informal conference, the specific remedy sought, signed and dated by the unit member and presented to his/her immediate supervisor within five (5) working days after termination of Step 1. A meeting with the grievant and immediate supervisor will be arranged to review and discuss the
Formal Level. 2 If the Association is not satisfied with the disposition of the grievance at Level 1 or if no disposition has been made within ten
Formal Level. 3 If the Association is not satisfied with the disposition of the grievance at Level 2 or if no disposition has been made within the time limits provided above, the Association may within fifteen (15) school days submit the grievance to arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator, the arbitrator shall be selected by the American Arbitration Association in accord with its rules which shall likewise govern the arbitration proceeding. Neither the Board nor the Association shall be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no powers to alter, add to or subtract from the terms of this agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. The cost of such arbitrator shall be shared equally by the Board and the Association.
Formal Level. III
1. If the grievance is not settled at Level Two, the Association must within ten (10) working days of the receipt of the Superintendent’s answer notify the Superintendent of its intent to arbitrate.
2. If the parties cannot agree on an Arbitrator within five (5) calendar days from the notification of intent to arbitrate, the Arbitrator shall be selected according to the rules of the American Arbitration Association which rules shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any grounds or to rely on any evidence not previously disclosed to the other party. The decision of the Arbitrator shall be binding on both parties.
3. The fees and expenses of the Arbitrator and cost, if any, of the hearing room shall be borne equally by the parties. All other expenses incurred shall be paid by the party incurring them.
Formal Level. 4.1 Procedure Level One: Immediate Supervisor
4.1.1 If not satisfied at the informal level, the grievant may present a written grievance to the immediate supervisor within ten (10) days of the informal conference with his/her immediate supervisor. A copy of the grievance will be simultaneously provided to the Association. The immediate supervisor shall meet with the grievant within ten (10) days of receipt of the Level One written grievance. The immediate supervisor shall provide a written disposition of the grievance, including the reasons therefore, to all parties of interest within seven (7) days of such meeting.
4.1.2 If the grievant is not satisfied with the disposition of the grievance, or of no disposition has occurred within seven (7) days of the presentation of the grievance, the grievance may be appealed to Level Two within ten (10) days. Level Two: Superintendent
4.1.3 The Superintendent or his/her designee shall meet with the grievant and/or designated Association representative within five (5) days of receipt of the Level Two grievance appeal and shall provide a written disposition of the grievance, including the reasons therefore, to all parties of interest within seven (7) days of such meeting.
4.1.4 If the grievant is not satisfied with the disposition of the grievance or if no disposition has occurred within seven (7) days of such meeting, the grievant may within ten (10) days request the Association submit the grievance to mediation. Mediation may be waived only if mutually agreed to by both the Association and the District. Level Three: Mediation
4.1.5 The Association shall request that a conciliator/mediator from the California State Mediation/Conciliation Service, or from any other mutually agreeable recognized dispute resolution center, be assigned to assist the parties in the resolution of the grievance as soon as possible.
4.1.6 If a mediated agreement is reached, the agreement shall be reduced to writing and shall be signed by the grievant, the Association and the District. This Agreement shall be nonprecedential and shall constitute a settlement of the grievance.
4.1.7 In the event that the grievant and the Superintendent or his/her designee have not resolved the grievance with the assistance of the conciliator/mediator within ten (10) days from the first meeting held by the conciliator/mediator, the Association may terminate Level Three and the grievance may proceed to Level Four unless both parties agree to additional mediation....
Formal Level. A. Level I:
1. Within five (5) work days of the oral response, if the grievance is not resolved, it will be stated in writing on the "Academic Grievance" form as provided by the District (and shown as Exhibit "B" of this Agreement), signed by the grievant (or Federation Representative), and presented to their supervisor (or designee) at the Xxxx level or above.
2. The supervisor or designee will communicate their decision to the unit member in writing within five (5) days after receiving the grievance.
3. Within the above time limits, either the grievant (or Federation Representative) or the immediate supervisor (or designee) may request a personal conference with the other party.
B. Level II:
1. In the event the grievant is not satisfied with the decision at Level I, they may appeal the decision on the appropriate form to the College President, or their designee, within five (5) days.
2. This statement will include a copy of the original grievance and a written copy of the decision rendered by the unit member's supervisor or designee.
3. The College President, or their designee, will communicate the decision to the grievant in writing within seven (7) days of receiving the appeal. Either the grievant (or Federation Representative) or the College President (or their designee) may request a personal conference within the above time limits.
C. Level III:
1. If the grievant is not satisfied with the decision at Level II, they may, within five (5) days, appeal the decision on the appropriate form to the Chancellor or their designee.
2. This statement will include copies of the original grievance and appeal and written copies of the decisions rendered.
3. The Chancellor, or their designee, will communicate their decision in writing to the grievant within fifteen (15) days.
Formal Level. 3: If the Association is not satisfied with the disposition of the grievance at Level 2 or if no disposition has been rendered within fifteen (15) days, the Association, and only the Association, may submit the grievance to arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator, then the arbitrator shall be selected by the American Arbitration Association (AAA) in accordance with its rules that shall likewise govern the arbitration proceeding. Both parties agree to be bound by the award of the arbitrator, and that judgment thereon may be entered in any court of competent jurisdiction. Arbitration fees and expenses shall be shared equally by the Association and the Board.
