Common use of Formal Level Clause in Contracts

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. A. Level I: 1. Within five (15) Level I - within fifteen (15) work days after the occurrence of the alleged violationoral response, misinterpretation, or misapplication of a provision of this Agreement, the grievant must present if the grievance is not resolved, it shall be stated in writing on the approved "Academic Grievance" form as provided by the District (and shown as Exhibit "A" of this Agreement), signed by the grievant (or lose Federation Representative), and presented to his/her supervisor (or designee) at the right to grievexxxx level or above. 2. The form shall contain a clear, concise statement of the grievance, including the provision supervisor 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 designee shall communicate his/her decision to the decision unit member in writing to the grievant within seven five (75) days after receiving the grievance. 3. In Within the event above time limits, either the grievant (or Federation Representative) or the immediate supervisor fails to conduct (or designee) may request a hearing and render a decision in writing within seven days, the grievant shall notify the Superintendent, who shall convene a hearing personal conference 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) daysother party. (2) B. Level II - II: 1. In the event the grievant is not satisfied with the decision at Level I, the grievant he/she may appeal the decision on the approved appropriate form to the Superintendent college/campus president, or his/her designee designee, within five (5) days. 2. This statement shall 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/campus president, or his/her designee, shall communicate the decision to the grievant in writing 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 receiving the appeal. The Superintendent Either the grievant (or his designee shall hold Federation Representative) or the college/campus president (or his/her designee) may request a hearing with personal conference within the parties and render a written decision within ten (10) days of the receipt of the appealabove time limits. (3) C. Level III - In the event III 1. If the grievant is not satisfied with the decision at Level II, the Association he/she may advise the District within seven five (75) days appeal the decision on the appropriate form to the Chancellor, or his/her designee. 2. This statement shall include copies of the original grievance and appeal and written copies of the decisions rendered. 3. The Chancellor, or his/her designee, shall communicate his/her decision in writing to the grievant within fifteen (15) days. D. Level IV--Advisory Arbitration 1. Within fifteen (15) work days after receipt of the Level II decision of its intent the Chancellor, the Federation may, upon written notice to request a mediator from the Associate Vice Chancellor, Human Resources, submit the grievance to arbitration under and in accordance with the prevailing rules of the California State Mediation and Conciliation Mediation ServiceServices. Only the Federation (exclusive representative) may demand arbitration.

Formal Level. A. Level I: 1. Within five (15) Level I - within fifteen (15) work days after the occurrence of the alleged violationoral response, misinterpretation, or misapplication of a provision of this Agreement, the grievant must present if the grievance is not resolved, it shall be stated in writing on the approved "Academic Grievance" form as provided by the District (and shown as Exhibit "A" of this Agreement), signed by the grievant (or lose Federation Representative), and presented to his/her supervisor (or designee) at the right to grievexxxx level or above. 2. The form shall contain a clear, concise statement of the grievance, including the provision supervisor 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 designee shall communicate his/her decision to the decision unit member in writing to the grievant within seven five (75) days after receiving the grievance. 3. In Within the event above time limits, either the grievant (or Federation Representative) or the immediate supervisor fails to conduct (or designee) may request a hearing and render a decision in writing within seven days, the grievant shall notify the Superintendent, who shall convene a hearing personal conference 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) daysother party. (2) B. Level II - II: 1. In the event the grievant is not satisfied with the decision at Level I, the grievant he/she may appeal the decision on the approved appropriate form to the Superintendent College/Campus President, or his/her designee designee, within five (5) days. 2. This statement shall 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/Campus President, or his/her designee, shall communicate the decision to the grievant in writing 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 receiving the appeal. The Superintendent Either the grievant (or his designee shall hold Federation Representative) or the College/Campus President (or his/her designee) may request a hearing with personal conference within the parties and render a written decision within ten (10) days of the receipt of the appealabove time limits. (3) C. Level III - In the event III 1. If the grievant is not satisfied with the decision at Level II, the Association he/she may advise the District within seven five (75) days appeal the decision on the appropriate form to the Chancellor, or his/her designee. 2. This statement shall include copies of the original grievance and appeal and written copies of the decisions rendered. 3. The Chancellor, or his/her designee, shall communicate his/her decision in writing to the grievant within fifteen (15) days. D. Level IV--Advisory Arbitration‌ 1. Within fifteen (15) work days after receipt of the Level II decision of its intent the Chancellor, the Federation may, upon written notice to request a mediator from the Chief Human Resources Officer, submit the grievance to arbitration under and in accordance with the prevailing rules of the California State Mediation and Conciliation Mediation ServiceServices. Only the Federation (exclusive representative) may demand arbitration.

Formal Level. A. Level I: 1. Within five (15) Level I - within fifteen (15) work days after the occurrence of the alleged violationoral response, misinterpretation, or misapplication of a provision of this Agreement, the grievant must present if the grievance is not resolved, it shall be stated in writing on the approved "Academic Grievance" form as provided by the District (and shown as Exhibit "B" of this Agreement), signed by the grievant (or lose Federation Representative), and presented to his/her supervisor (or designee) at the right to grievexxxx level or above. 2. The form shall contain a clear, concise statement of the grievance, including the provision supervisor 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 designee shall communicate his/her decision to the decision unit member in writing to the grievant within seven five (75) days after receiving the grievance. 3. In Within the event above time limits, either the grievant (or Federation Representative) or the immediate supervisor fails to conduct (or designee) may request a hearing and render a decision in writing within seven days, the grievant shall notify the Superintendent, who shall convene a hearing personal conference 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) daysother party. (2) B. Level II - II: 1. In the event the grievant is not satisfied with the decision at Level I, the grievant he/she may appeal the decision on the approved appropriate form to the Superintendent college/campus president, or his/her designee designee, within five (5) days. 2. This statement shall 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/campus president, or his/her designee, shall communicate the decision to the grievant in writing 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 receiving the appeal. The Superintendent Either the grievant (or his designee shall hold Federation Representative) or the college/campus president (or his/her designee) may request a hearing with personal conference within the parties and render a written decision within ten (10) days of the receipt of the appealabove time limits. (3) C. Level III - In the event III: 1. If the grievant is not satisfied with the decision at Level II, he/she may, within five (5) days, appeal the Association may advise decision on the District within seven (7) days of receipt appropriate form to the Chancellor or his/her designee. 2. This statement shall include copies of the Level II original grievance and appeal and written copies of the decisions rendered. 3. The Chancellor, or his/her designee, shall communicate his/her decision of its intent in writing to request a mediator from the California State Conciliation Mediation Servicegrievant within fifteen (15) days.

Formal Level. A. Level I: 1. Within five (15) Level I - within fifteen (15) work days after the occurrence of the alleged violationoral response, misinterpretation, or misapplication of a provision of this Agreement, the grievant must present if the grievance is not resolved, it shall be stated in writing on the approved "Academic Grievance" form as provided by the District (and shown as Exhibit "B" of this Agreement), signed by the grievant (or lose Federation Representative), and presented to his/her supervisor (or designee) at the right to grieveXxxx level or above. 2. The form shall contain a clear, concise statement of the grievance, including the provision supervisor 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 designee shall communicate his/her decision to the decision unit member in writing to the grievant within seven five (75) days after receiving the grievance. 3. In Within the event above time limits, either the grievant (or Federation Representative) or the immediate supervisor fails to conduct (or designee) may request a hearing and render a decision in writing within seven days, the grievant shall notify the Superintendent, who shall convene a hearing personal conference 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) daysother party. (2) B. Level II - II: 1. In the event the grievant is not satisfied with the decision at Level I, the grievant he/she may appeal the decision on the approved appropriate form to the Superintendent College/Campus President, or his/her designee designee, within five (5) days. 2. This statement shall 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/Campus President, or his/her designee, shall communicate the decision to the grievant in writing 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 receiving the appeal. The Superintendent Either the grievant (or his designee shall hold Federation Representative) or the College/Campus President (or his/her designee) may request a hearing with personal conference within the parties and render a written decision within ten (10) days of the receipt of the appealabove time limits. (3) C. Level III - In the event III: 1. If the grievant is not satisfied with the decision at Level II, he/she may, within five (5) days, appeal the Association may advise decision on the District within seven (7) days of receipt appropriate form to the Chancellor or his/her designee. 2. This statement shall include copies of the Level II original grievance and appeal and written copies of the decisions rendered. 3. The Chancellor, or his/her designee, shall communicate his/her decision of its intent in writing to request a mediator from the California State Conciliation Mediation Servicegrievant within fifteen (15) days.

Formal Level. A. Level I: (1) Level I - within fifteen Within five (155) work days after the occurrence of the alleged violationoral response, misinterpretation, or misapplication of a provision of this Agreement, the grievant must present if the grievance is not resolved, it shall be stated in writing on the approved "Statement of Grievance" form or lose as provided by the right to grieve. The form shall contain a clear, concise statement of the grievance, including the provision or provisions District (and shown as Exhibit "C" of this Agreement alleged to have been violatedAgreement), 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 signed by the grievant, and presented to his/her supervisor or designee at the xxxx level or above. (2) The supervisor or designee shall communicate his/her decision to the decision unit member in writing to the grievant within seven five (75) days after receiving the grievance. In . (3) Within the event above time limits, either the grievant or the immediate supervisor fails to conduct or designee may request a hearing and render a decision in writing within seven days, the grievant shall notify the Superintendent, who shall convene a hearing personal conference 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) daysother party. B. Level II: (21) Level II - In the event the grievant is not satisfied with the decision at Level I, the grievant he/she may appeal the decision on the approved appropriate form to the Superintendent college president, or his/her designee designee, within five (5) days. (2) This statement shall 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 his/her designee, shall communicate the decision to the grievant in writing 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 receiving the appeal. The Superintendent Either the grievant or his designee shall hold the college president, or his/her designee, may request a hearing with personal conference within the parties and render a written decision within ten (10) days of the receipt of the appealabove time limits. C. Level III: (31) Level III - In the event If the grievant is not satisfied with the decision at Level II, he/she may, within five (5) days, appeal the Association may advise decision on the District within seven appropriate form to the Chancellor or his/her designee. (72) days of receipt This statement shall include copies of the Level II original grievance and appeal and written copies of the decisions rendered. (3) The Chancellor, or his/her designee, shall communicate his/her decision of its intent in writing to request a mediator from the California State Conciliation Mediation Servicegrievant within fifteen (15) days.

Formal Level. 7.3.2.1 Level 1: Immediate Supervisor (1a) Level I - At the completion of the informal grievance procedure and within fifteen twenty (1520) days after the occurrence of the alleged violation, misinterpretation, act or misapplication of a provision of this Agreementomission giving rise to the grievance, the grievant must shall present the grievance in writing on the approved appropriate form or lose to the right to grieveimmediate supervisor. The form This statement shall contain be 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 levelconference, and the specific remedy sought. desired. (b) The immediate supervisor shall hold a hearing with the grievant, and shall communicate the his/her decision in writing to the grievant and the Superintendent in writing within seven five (75) days after receiving the grievance. In If the event supervisor does not respond within the immediate supervisor fails to conduct a hearing and render a decision in writing within seven daystime limits, the grievant shall notify may appeal to 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) daysnext level. (c) Within the above time limits, either party may request a personal conference. 7.3.2.2 Level 2: Superintendent (a) Level II - In the event the grievant is not satisfied with the decision at in Level I1, the grievant may appeal the decision on the approved appropriate form to the Superintendent or his/her designee within seven five (75) days of the receipt of the Level I decisiondays. The form shall This statement should include a copy of the original grievance, the decision at Level Irendered, and a clear and clear, concise statement of the reason reason(s) 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. (b) The Superintendent or his/her designee shall communicate the decision to the grievant and the Board within five (5) 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. 7.3.2.3 Level 3: Governing Board (a) Level III - In the event the grievant is not satisfied with the decision at Level IIdecision, the Association grievant may advise appeal the decision to the Governing Board within five (5) days. The statement shall include a copy of the decisions and the reasons rendered. Either the grievant or the Board may request a conference within the above time limits. The Board's decision shall be in writing, and rendered within five days after the Board meeting. A copy will be sent to the grievant. 7.3.2.4 Level 4: Binding Arbitration (a) If the grievant is not satisfied with the decision of the Governing Board, he/she may within five (5) days submit a request in writing to the Superintendent for binding arbitration of the dispute. (b) The grievant and the District within seven shall attempt to agree upon an arbitrator. If no agreement can be reached, either party shall request the California Conciliation Services to supply a panel of five (75) days names of receipt persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the arbitrator. The order of the Level II striking shall be by lot. (c) The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the grievant. All other expenses shall be borne by the party incurring them. (d) The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to him/her. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. (e) The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, regulations, and procedures of the District. California Conciliation Services rules shall govern. (f) Issues arising out of the exercise by the Board and administration of its intent responsibilities under Article VII, Definitions, paragraph 1, of this Article, including the facts underlying its exercise of such discretion, shall not be subject to request the procedure. (g) After a mediator from hearing and after both parties have had an opportunity to make written arguments, the California State Conciliation Mediation Servicearbitrator shall submit his/her findings and recommendations to all parties. (h) The arbitrator's decision shall be final and binding on the parties.

Formal Level. A. Level I: 1. Within five (15) Level I - within fifteen (15) work days after the occurrence of the alleged violationoral response, misinterpretation, or misapplication of a provision of this Agreement, the grievant must present if the grievance is not resolved, it shall be stated in writing on the approved "Statement of Grievance" form or lose as provided by the right to grieve. The form shall contain a clear, concise statement of the grievance, including the provision or provisions District (and shown as Exhibit "A" of this Agreement alleged to have been violatedAgreement), 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 signed by the grievant, and presented to his/her supervisor or designee at the xxxx level or above. 2. The supervisor or designee shall communicate his/her decision to the decision unit member in writing to the grievant within seven five (75) days after receiving the grievance. 3. In Within the event above time limits, either the grievant or the immediate supervisor fails to conduct or designee may request a hearing and render a decision in writing within seven days, the grievant shall notify the Superintendent, who shall convene a hearing personal conference 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) daysother party. (2) B. Level II - II: 1. In the event the grievant is not satisfied with the decision at Level I, the grievant he/she may appeal the decision on the approved appropriate form to the Superintendent college president, or his/her designee designee, within five (5) days. 2. This statement shall 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 his/her designee, shall communicate the decision to the grievant in writing 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 receiving the appeal. The Superintendent Either the grievant or his designee shall hold the college president, or his/her designee, may request a hearing with personal conference within the parties and render a written decision within ten (10) days of the receipt of the appealabove time limits. (3) C. Level III - In the event III 1. If the grievant is not satisfied with the decision at Level II, the Association he/she may advise the District within seven five (75) days of receipt appeal the decision on the appropriate form to the Chancellor, or his/her designee. 2. This statement shall include copies of the Level II original grievance and appeal and written copies of the decisions rendered. 3. The Chancellor, or his/her designee, shall communicate his/her decision of its intent in writing to request a mediator from the California State Conciliation Mediation Servicegrievant within fifteen (15) days.