Common use of Formal Level Clause in Contracts

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. 4.3.1 3.4.1 Level I Within twenty 1 If informal discussion does not resolve the issues to the satisfaction of the grievant, a formal grievance may be presented in writing using the Grievance Form, Appendix A-1, within fifteen (2015) working days after the occurrence of the act event or omission incident giving rise to the grievance, . The unit member shall submit a copy of the grievant must present his/her grievance in writing on the appropriate form to the President of the Association, the immediate supervisor, and the Director of Human Resources. The immediate supervisor and forward an information copy to shall provide a written disposition of the Superintendent at Level II. The supervisor shall communicate his/her decision in writing grievance, including the reasons therefore, to the grievant with copies to the CSEA President and the job site representative within ten (10) working days after receiving of the receipt of the grievance. Within the above time limits limits, either party may request a personal conference. If the supervisor does not respond within the time limitsgrievance is resolved, the grievant may appeal the next levelparties shall sign a Statement of Resolution, Appendix A-3. 4.3.2 3.4.2 Level II In the event 2 If the grievant is not satisfied with the decision at rendered pursuant to Level I1, or if no written decision has been rendered within the ten (10) working days, he/she may submit an appeal the decision to the Superintendent or his/her designee within ten (10) working daysdays of the Level 1 decision on the Grievance Appeal Form, Appendix A-2. The appeal should shall include a copy of the original grievance; grievance and the decision rendered at Level I1. The unit member shall submit a copy of the appeal to the President of the Association, the immediate supervisor, and a clear concise statement the Director of the reasons for the appealHuman Resources. The Superintendent or his/her designee will communicate his decision in writing shall investigate the grievance and provide a written disposition, including the reasons therefore, to the grievant with copies to the Supervisor Level I, the CSEA President, and the job site representative within ten(10ten (10) working days after of receiving the appeal. Either the grievant or the Superintendent or designee may request a personal conference within the above time limits. If the Superintendent does not respond within the time limitsgrievance is resolved, the grievant may appeal to the next levelparties shall sign a Statement of Resolution, Appendix A-3. 4.3.3 3.4.3 Level III Mediation In the event 3 3.4.3.1 If the grievant is not satisfied with the decision at rendered pursuant to Level II2, or if no decision has been rendered within ten (10) working days after the grievant or due date of the Executive Director Level 2 decision, he/she may request in writing to the Association that they seek mediation within ten (10) working days of Human Resources may submit a receiving the Level 2 decision. The Association, by written request notice 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.within ten

Formal Level. 4.3.1 Level I Within twenty ten (2010) working days after the occurrence of the act or omission giving rise to the grievanceinformal conference, the grievant must present his/her grievance in writing on the appropriate form prescribed by the District to the immediate supervisor Principal/Superintendent. This statement shall be a clear, concise statement of the grievance, the specific section of the Collective Bargaining Agreement allegedly violated, the circumstances involved, the decision rendered at the Informal Level conference, and forward an information copy the specific remedy sought. Failure to file a formal grievance within specified time limits will invalidate the Superintendent at Level IIgrievance. The supervisor Principal or Superintendent 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 Failure by grievant to appeal a decision within ten (10) days shall be deemed as acceptance of the above time limits either party may request a personal conferencedecision. If the supervisor does not respond within the time limits, the grievant may appeal the next level. 4.3.2 Level II - Mediation In the event the grievant is not satisfied with the decision at Level I, he/she the Association may appeal the decision and request that the grievance go to Mediation by completing the prescribed form Appendix C and submitting it to the Superintendent or his/her designee designee, within ten (10) working days. The appeal should include a copy days after receipt of the original grievance; the decision rendered at Level I, and a clear concise statement of the reasons for I decision. Within five (5) days following 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 Association shall so notify the California State Mediation and Conciliation Service (CSMCS). CSMCS shall schedule a mediation conference at the earliest possible date. Mediation conferences shall take place at a mutually convenient location and time. Each party shall designate its representatives for mediationthe mediation conference. There shall be one (1) person from each party designated as spokesperson for that party at the mediation conference. The mediator shall meet with assist the parties and attempt to facilitate a resolution of in resolving the pending grievance. The mediator shall have no the authority to issue an opinion or recommendation.meet separately with either party, but shall not have the authority to compel the resolution of the grievance. If, after due diligence, the mediator concludes resolution is not possible, the mediator shall notify both parties in writing. The cost, if any, of the mediator shall be borne equally by the District and the Association. If the grievance is not resolved satisfactorily to the Association through mediation, the Association, within ten (10) days of the final mediation meeting, may request binding arbitration. Level III - Binding Arbitration

Formal Level. 4.3.1 17.4.1 Level I 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 the informal level, the grievant or the job representative must present such grievance in writing on the appropriate District form to the appropriate administrator. Any grievance not filed within this ten (10) day period is automatically waved. This statement shall be on the appropriate grievance form: A clear, concise statement of the grievance, citation of the specific article and section of the Agreement that is alleged to have been violated, the circumstances involved, the decision rendered at the informal conference, and the specific remedy sought, and signed by the grievant. The appropriate administrator shall communicate a decision to the unit member in writing within ten (10) days after receiving the grievance. Within the above time limits either party may request a personal conference. If the supervisor administrator does not respond within the time limits, the grievant may appeal to the next level. Within the above time limits either party may request a conference with the other party. At least one (1) working days’ notice shall be given to all parties concerned when it is the intention of the grievant to be accompanied by a job representative. The notice shall designate who such person shall be. Such notice maybe waived by express advance mutual agreement in writing. 4.3.2 17.4.2 Level II II: In the event the grievant is not satisfied with the decision at Level I, he/she the grievant may appeal the decision on the appropriate District form to the Superintendent or his/her designee within ten (10) working days. The appeal should Superintendent’s designee may not be the same person who first heard the grievance. This statement shall include a copy of the original grievance; , the decision rendered at Level Iis rendered, and a clear clear, concise statement of the reasons for the appeal, and signed by the grievant. The Superintendent or his/her designee will shall communicate his a decision in writing to the grievant with copies to the Supervisor Level I, the CSEA President, and the job site representative within ten(10ten (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. Following the Level II decision of the Superintendent or designee, the District and CSEA may, upon mutual agreement, request assistance from State Mediation and Conciliation Services in an effort to resolve the grievance prior to Level III. 4.3.3 17.4.3 Level III Mediation In the event III--- Arbitration: If the grievant is not satisfied with the decision at that Level II, the grievant or with their concurrence of CSEA may, within ten (10) day of the Executive Director of Human Resources may Superintendent’s decision submit a written request the matter to arbitration. In such event CSEA shall notify 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 recommendationwithin said ten-day period.

Formal Level. 4.3.1 Level I I. Within twenty fifteen (2015) working days after the occurrence of the act act, omission or violation giving rise to the grievance, or within fifteen (15) days of the time the grievant should reasonably have known of the act, omission or violation giving rise to the grievance, the grievant must present his/her grievance in writing on the appropriate form to his/her immediate supervisor. This statement shall be a clear, concise statement of the immediate supervisor grievance, the circumstances involved, any decision rendered at the informal conference, and forward an information copy to the Superintendent at specific remedy sought. 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 on the appropriate form to the Superintendent appropriate Division Superintendent, or his/her designee designee, within ten (10) working days. The appeal This statement should include a copy of the original grievance; , the decision rendered at Level Irendered, and a clear 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 limitsIII. 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, he may within ten (10) days appeal the decision on the appropriate form to the Administrator, Labor Relations, or his/her designee. This statement shall include a copy of the original grievance and appeal, the decisions rendered and a clear, concise statement of the reasons for the appeal. The Administrator, Labor Relations, or his/her designee, shall communicate his/her decision to the grievant within ten (10) days. If the Administrator, Labor Relations or his/her designee does not respond within the Executive Director of Human Resources time limits provided, the grievant may appeal to the next level. Level IV. If the Association is not satisfied with the decision at Level III, the Association may within ten (10) days submit a written request in writing to the Superintendent or designee that Office of Labor Relations for arbitration of the grievance be referred to dispute. The Association and the California District shall within five (5) days request the State Conciliation Service for mediationto supply a panel of five names of persons experienced in hearing grievances in public schools. Each party shall alternately strike A. By request of either party; or B. By the order of the arbitrator at the close of a hearing. In the event briefs are submitted, they shall be postmarked within fifteen (15) days from the parties'/arbitrator's receipt of the transcripts. If dispute should arise over the submission date, the arbitrator shall establish such submission date and so inform the parties. After the hearing and/or briefs submission, the arbitrator shall submit in writing to the parties his/her findings an award, which shall be final and binding. If there is dispute as to the application of the arbitrator's award, the arbitrator shall retain jurisdiction to decide such disputes and to determine the process by which he/she considers such disputes. The mediator arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement. Nothing shall meet with preclude the parties and attempt from mutually agreeing to facilitate a resolution extend or shorten any timelines within this Grievance Procedure. Such mutual exceptions must be in writing. In the event the Association grieves any of the pending grievancearticles for which Association grievance is provided, the grievance procedure shall start at Level III, with fifteen (15) days allowed for the Administrator, Labor Relations, or his/her designee, to render his/her decision. The mediator shall have no authority District and the Association may mutually agree to issue contract with an opinion arbitrator to contract or recommendationagree with him/her to serve as a permanent arbitrator; that is to arbitrate all matters brought to arbitration between the parties without the parties going through the above-described selection procedure delineated for the selection of an arbitrator.

Formal Level. 4.3.1 17.4.1. Level I 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 the informal level, the grievant or the job representative must present such grievance in writing on the appropriate District form to the appropriate administrator. Any grievance not filed within this ten (10) day period is automatically waved. This statement shall be on the appropriate grievance form: A clear, concise statement of the grievance, citation of the specific article and section of the Agreement that is alleged to have been violated, the circumstances involved, the decision rendered at the informal conference, and the specific remedy sought, and signed by the grievant. The appropriate administrator shall communicate a decision to the unit member in writing within ten (10) days after receiving the grievance. Within the above time limits either party may request a personal conference. If the supervisor administrator does not respond within the time limits, the grievant may appeal to the next level. Within the above time limits either party may request a conference with the other party. At least one (1) working day’s notice shall be given to all parties concerned when it is the intention of the grievant to be accompanied by a job representative. The notice shall designate who such person shall be. Such notice maybe waived by express advance mutual agreement in writing. 4.3.2 17.4.2. Level II II: In the event the grievant is not satisfied with the decision at Level I, he/she the grievant may appeal the decision on the appropriate District form to the Superintendent or his/her designee within ten (10) working days. The appeal should Superintendent’s designee may not be the same person who first heard thegrievance. This statement shall include a copy of the original grievance; , the decision rendered at Level Iis rendered, and a clear clear, concise statement of the reasons for the appeal, and signed by the grievant. The Superintendent or his/her designee will shall communicate his a decision in writing to the grievant with copies to the Supervisor Level I, the CSEA President, and the job site representative within ten(10ten (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 it may appeal to the next levelnextlevel. Following the Level II decision of the Superintendent or designee, the District and CSEA may, upon mutual agreement, request assistance from State Mediation and Conciliation Services in an effort to resolve the grievance prior to Level III. 4.3.3 17.4.3. Level III Mediation In the event III--- Arbitration: If the grievant is not satisfied with the decision at that Level II, the grievant or with their concurrence of CSEA may, within ten (10) days of the Executive Director of Human Resources may Superintendent’s decision, submit a written request the matter to arbitration. In such event CSEA shall so notify the Superintendent or designee that within said ten-dayperiod. 17.4.3.1. The arbitration proceeding shall be conducted by an arbitrator to be selected by CSEA and the grievance be referred District within ten (10) days after said notice is received by the Superintendent. If the two parties fail to reach agreement on an arbitrator within said ten- day period, the California State Conciliation Service for mediationwill be requested to submit a list of seven (7) names. Each party will alternately strike from the list until one name remains. The mediator order of striking will be determined by a lot. 17.4.3.2. The arbitrator shall meet with hold a hearing at the earliest possible time. Five (5) days’ notice will be given to all parties of the time and place of the hearing. The jurisdiction of the arbitrator shall be confined to a determination of the facts and the interpretation of the provisions of this Agreement. The arbitrator will 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. Witnesses will be assured that their testimony will be keptconfidential. 17.4.3.3. As soon as possible after conclusion of the hearing, the arbitrator shall render an advisory decision in writing to the parties. The arbitrator shall be empowered to include in any award reimbursement for financial loss of wages and/or fringe benefits and/or non-financial remedies as judged to be proper. 17.4.3.4. The fees and expenses of the arbitrator shall be shared equally by the District and CSEA. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of the witnesses called by the other. If any party request a transcript of the proceedings that party shall bear the full cost for that transcript. If the parties and attempt mutually request to facilitate a resolution receive transcripts, the total cost of the pending grievancetranscripts shall be divided equally between the District and CSEA. The mediator If any arbitration hearing shall have no authority be scheduled during the workday, any unit member required by either party or the arbitrator to issue an opinion participate as a witness or recommendationgrievant in such hearing shall be released from regular duties without loss of pay.

Formal Level. 4.3.1 Level I I. Within twenty fifteen (2015) working days after the occurrence of the act act, omission or violation giving rise to the grievance, or within fifteen (15) days of the time the grievant should reasonably have known of the act, omission or violation giving rise to the grievance, the grievant must present his/her grievance in writing on the appropriate form to his/her immediate supervisor. This statement shall be a clear, concise statement of the immediate supervisor grievance, the circumstances involved, any decision rendered at the informal conference, and forward an information copy to the Superintendent at specific remedy sought. 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 on the appropriate form to the Superintendent appropriate Division Superintendent, or his/her designee designee, within ten (10) working days. The appeal This statement should include a copy of the original grievance; , the decision rendered at Level Irendered, and a clear 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 limitsIII. 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, he may within ten (10) days appeal the decision on the appropriate form to the Administrator, Labor Relations, or his/her designee. This statement shall include a copy of the original grievance and appeal, the decisions rendered and a clear, concise statement of the reasons for the appeal. The Administrator, Labor Relations, or his/her designee, shall communicate his/her decision to the grievant within ten (10) days. If the Administrator, Labor Relations or his/her designee does not respond within the Executive Director of Human Resources time limits provided, the grievant may appeal to the next level. Level IV. If the Association is not satisfied with the decision at Level III, the Association may within ten (10) days submit a written request in writing to the Superintendent or designee that Office of Labor Relations for arbitration of the grievance be referred to dispute. The Association and the California District shall within five (5) days request the State Conciliation Service for mediationto supply a panel of five names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The mediator remaining panel member shall meet be the arbitrator. The order of striking shall be determined by flipping a coin. The Association and the District may mutually agree on an arbitrator not on the panel. If no agreement is reached within five (5) days from the date of submission to arbitration, either party may require that selection be made from the panel described. The Association and the Office of Labor Relations may agree to use expedited arbitration as provided for in accordance with the American Arbitration Association Rules for Expedited Arbitration. If there is agreement to expedited arbitration as delineated immediately above, the District shall notify the arbitrator as soon as reasonably possible, and the arbitrator shall supply the parties and attempt with written notification of three possible hearing dates encompassing no less than a two-week span. The parties may then mutually agree on a date or mutually agree that the District request the arbitrator to facilitate supply the parties with three more possible hearing dates, encompassing no less than a resolution two- week span, or either party may require that selection be made from the A. By request of either party; or B. By the order of the pending grievancearbitrator at the close of a hearing. In the event briefs are submitted, they shall be postmarked within fifteen (15) days from the parties'/arbitrator's receipt of the transcripts. If dispute should arise over the submission date, the arbitrator shall establish such submission date and so inform the parties. After the hearing and/or briefs submission, the arbitrator shall submit in writing to the parties his/her findings an award, which shall be final and binding. If there is dispute as to the application of the arbitrator's award, the arbitrator shall retain jurisdiction to decide such disputes and to determine the process by which he/she considers such disputes. The mediator shall arbitrator will have no authority power to issue add to, subtract from, or modify the terms of this Agreement. Nothing shall preclude the parties from mutually agreeing to extend or shorten any timelines within this Grievance Procedure. Such mutual exceptions must be in writing. In the event the Association grieves any of the articles for which Association grievance is provided, the grievance procedure shall start at Level III, with fifteen (15) days allowed for the Administrator, Labor Relations, or his/her designee, to render his/her decision. The District and the Association may mutually agree to contract with an opinion arbitrator to contract or recommendation.agree with him/her to serve as a permanent arbitrator; that is to arbitrate all matters brought to arbitration between the parties without the parties going through the above-described selection procedure delineated for the selection of an arbitrator.‌

Formal Level. 4.3.1 Level I Within twenty (20) working days after One In the occurrence of event the act or omission giving rise to grievance is not resolved at the grievanceinformal level, the grievant must present his/her the grievance in writing on the appropriate prescribed District form to the immediate supervisor and forward an information copy to within ten (l0) days of the Superintendent at Level IIinformal meeting. The form shall include statements indicating: (a) How the grievant was adversely affected; (b) The specific section of the contract allegedly violated; (c) The specific remedy sought by the grievant to resolve the grievance. Within ten (l0) days after receiving the grievance, the immediate supervisor shall hold a conference with the grievant regarding the grievance, and the immediate supervisor shall communicate his/her decision in writing to the grievant with copies to in writing. Level Two In the CSEA President and event 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 grievance is not respond within the time limitsresolved at Level One, the grievant may appeal the decision to the next level. 4.3.2 appropriate level of administration within ten (l0) days after response at Level II One or the expiration of the ten (l0) day response time in Level One. This statement shall include a copy of the original grievance, the decision rendered, and a clear, concise statement of the reasons for the appeal. The appeal shall be submitted on the prescribed form. Within ten (10) days after receiving the grievance, the administrator or his/her designee shall hold a conference with the grievant regarding the grievance. Within ten (10) days after receiving the grievance, the administrator or his/her designee shall communicate his/her decision to the grievant in writing. Level Three In the event the grievant grievance is not satisfied with the decision resolved at Level ITwo, hethe grievant may, within ten (10) days after receipt of the Level Two response, request that the District and the grievant, by mutual agreement, elect to submit the grievance to mediation to attempt to resolve the grievance by informal agreement prior to proceeding to Level Three. If there is agreement to submit the grievance to mediation, the District shall contact the California State Conciliation Service and request that a mediator be appointed. The mediation shall be limited to a total of eight (8) hours, unless the parties agree to a continuance, and this service shall be provided at no cost to the parties. The parties shall attempt to reduce outstanding issues, and if possible, settle the dispute. The mediator, however, shall not have the power or authority to render a decision on the issue(s) or impose a settlement on the parties. Any statements made during the mediation process (other than those already documented at Levels One and Two), shall be confidential, shall not be considered precedential in nature, and shall not be admissible in any future court, administrative proceeding, or additional step in the grievance procedure. If mediation does not satisfactorily resolve the grievance, the grievant may continue his/she her appeal of the grievance to Level Three within ten (10) days of the last mediation session. In the event the grievance is not resolved at Level Two or by the above mediation step, the grievant may appeal the decision to the Superintendent or his/her designee within ten (10) working daysdays after the response at Level Two, the expiration of the ten (10) day response time in Level Two, or within ten (10) days of the last mediation session. The appeal should grievant shall include a copy of the original grievance; grievance and appeal, the decision rendered at Level Idecisions rendered, and a clear clear, concise statement of the reasons for the appeal. The appeal shall be submitted on the prescribed form. Within ten (10) days after receiving the grievance, the Superintendent or his/her designee will communicate his decision in writing to shall hold a conference with the grievant with copies to regarding 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.Within ten

Formal Level. 4.3.1 A. Level I I: (1) Within twenty ten (2010) working days after the occurrence of or the act or omission giving rise to the grievance or when the employee should have had reasonable knowledge of the grievance, the grievant employee must present his/her the grievance in writing on the appropriate District approved form to the immediate supervisor supervisor. (2) The written grievance shall set forth the statement of facts and forward an information copy to the Superintendent at Level II. resolution sought. (3) The immediate supervisor shall communicate his/her a decision to the employee 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 limitslimit, the grievant employee may appeal to the next levellevel designated for processing grievances. Such appeal must be made within ten (10) days after the expiration of the time limit above. 4.3.2 B. Level II In II: (1) If the event the grievant employee is not satisfied with the decision on the grievance at Level I, he/she the employee may appeal by filing the decision to appeal with the Superintendent or his/her designee within ten (10) working days. days after the written decision at Level I has been delivered. (2) The appeal should statement filed at this level shall include a copy of the original grievance; , a copy of the decision rendered at Level Irendered, and a clear concise statement of the reasons reason(s) for the appeal. . (3) The Superintendent or his/her designee will shall communicate his his/her decision in writing to the grievant with copies to the Supervisor Level I, the CSEA President, and the job site representative within ten(10ten (10) working days after receiving the appeal. Either the grievant employee or the Superintendent or his/her designee may request a personal conference with the other within the above time limitsperiod from the filing of the appeal to the deadline for rendering of a decision. If the Superintendent or his/her designee does not respond render a written decision within the prescribed time limitslimit, the grievant employee may appeal to Level III. Such appeal must be made within ten (10) days after the next levelexpiration of the time limit. 4.3.3 C. Level III - Mediation In the event that the grievant employee is not satisfied with the decision at Level II, he or she may appeal the grievant decision in writing within five (5) days to the District’s Superintendent requesting mediation prior to Level IV. The District or Association shall contact the Executive Director state mediation Conciliation Services to schedule mutually agreeable dates. If through the use of Human Resources the state mediator a decision cannot be reached, the employee may appeal to Level IV. D. Level IV – Binding Arbitration: (1) If the Association proceeds to arbitration, it shall notify the District in writing. Within ten (10) days of such notification, representatives of the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator within the specified period, the Association shall file a Demand to Arbitrate with the American Arbitration Association. The Association and District shall each pay one half (1/2) of any charges required by the American Arbitration Association for services rendered. (2) The arbitrator shall, after first determining the arbitrability of the grievance, conduct a hearing on the merits to consider evidence and arguments pertaining to the grievance(s) and submit a written request decision which sets forth findings of fact, reasoning and conclusions on the precise issue(s) submitted. The arbitrator's decision shall be limited solely to the Superintendent interpretation and application of the agreement to the precise issue(s) submitted for arbitration. The arbitrator shall not determine any other issue(s). Where the District has made a judgment involving the exercise of discretion, the arbitrator shall review such decision solely to determine whether the decision violated the agreement. The arbitrator shall not substitute his/her judgment for that of the District. The arbitrator shall not add to, subtract from, modify, alter or designee that amend any provisions or procedures contained in this agreement. The arbitrator shall not issue statements of opinion or conclusions not essential to the determination of the issue(s) submitted. The arbitrator's determination shall state whether the grievance be referred to is approved or denied and, if approved, the California State Conciliation Service proper remedy, and the basis for mediationsuch remedy. The mediator Under no circumstances shall meet with the parties remedy include monetary penalties for "pain and attempt to facilitate a resolution suffering" or attorney's fees. (3) All costs for the services of the pending grievancearbitrator, 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 District and the Association. The mediator shall have no authority to issue an opinion or recommendationAll other costs, except for released time for the grievant(s), Association representative(s) and witnesses, will be borne by the party incurring them.

Formal Level. 4.3.1 6.2.2.1 Level I One Within twenty (20) working days after the occurrence of or the act or of omission giving rise to the grievance, the grievant must present his/her grievance in writing on the appropriate prescribed District form to his/her immediate supervisor. The form shall include statements indicating: a. how the grievant was adversely affected; b. the specific section(s) of the contract allegedly violated; and c. the specific remedy sought by the employee to resolve the grievance. A conference shall be held within the time limits of this level at the request of either the grievant or the immediate supervisor and forward an information copy to the Superintendent at Level IIsupervisor. The immediate supervisor shall communicate his/her decision in writing to the grievant with copies to the CSEA President and the job site representative in writing within ten (10) working seven days after receiving the grievance. Within the above time limits either party may request a personal conference. If the immediate 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 6.2.2.2 Level III Mediation Two In the event the grievant grievance is not satisfied with resolved at Level One, the grievant may appeal the decision to the next level of administration within seven days after the response time at Level One. The grievant shall include a copy of the original grievance, the decision rendered, and a clear, concise statement of the reasons for the appeal. The appeal shall be submitted on the prescribed form. A conference shall be held within the time limits of this level at the request of either the grievant or the administrator. The administrator shall communicate his/her decision to the grievant in writing within seven days after receiving the appeal. If the administrator does not respond within the time limits, the grievant may appeal to the next level. 6.2.2.3 Level Three If the grievance is not resolved at Level Two, the grievant may appeal the decision on the appropriate form to the Superintendent within seven days after the response at level Two or the expiration of the seven day response time at Level Two. The grievant shall include a copy of the original grievance and appeal, the decisions rendered, and a clear, concise statement of the reasons for the appeal. A conference shall be held within the time limits of this level at the request of either the grievant or the Superintendent. The Superintendent shall communicate his decision to the grievant in writing within seven days after receiving the appeal. If the Superintendent does not respond within the time limits provided, the grievant may appeal to the next level. 6.2.2.4 Level Four In the event the grievance is not resolved at Level Three, the grievant may request the services of the Conciliator from the California State Mediation and Conciliation Service in an attempt to resolve the grievance through mediation. A request for mediation shall be made within seven days of receipt of the decision at Level II, Three. CSEA and the grievant or the Executive Director of Human Resources may submit a written request shall determine which grievances shall be sent 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. 4.3.1 a. Level I I 1). 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 his/her immediate supervisor and forward an information copy to the Superintendent at Level IIsupervisor. The twenty {20) days time limit shall be tolled when the grievant is on vacation or on other approved leave. 2). This statement shall be a clear, concise statement of the alleged grievance, the circumstances involved, the decisions rendered at the informal conference, and the specific remedy sought. 3). The immediate supervisor shall communicate his/her decision to the employee 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. 4). If the immediate supervisor does not respond within the time limits, the grievant may appeal to the next level. 5). Within the above time limits either party may request a personal conference. If In the supervisor does not respond within the time limitscase of this conference, as well as all subsequent conferences, the grievant may appeal the next levelarrange for a CSEA representative or other bargaining unit member to be present. 4.3.2 6). In the case of allegations of a violation, misinterpretation, or misapplication which are District-wide in implication and which have been processed through the informal level by at least a single unit member, the Association may file a single grievance on behalf of all complainants involved. This grievance shall be filed at Level II II. b. Level II 1). 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 daysdays to the Human Resources Administrator. The appeal This statement should include a copy of the original grievance; , the decision rendered at Level Irendered, and a clear clear, concise statement of the reasons for the appeal. 2). The Superintendent or Human Resources Administrator shall communicate 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(10ten (10) working days after receiving the appeal. Either the grievant or the Superintendent Human Resources Administrator may request a personal conference within the above time limits. If the Superintendent Human Resources Administrator does not respond within the time limits, the grievant may appeal to the next level. 4.3.3 c. Level III Mediation Ill 1). If the grievant is not satisfied with the decision at Level II, he/she may, within five (5) days, appeal the decision in writing to the Superintendent, or his/her designee. This statement shall include a copy of the original grievance and appeal, the decisions rendered and a clear, concise statement of the reasons for the appeal. 2). The Superintendent, or his/her designee, shall communicate his/her decision to the grievant within ten (10) days. Either the Superintendent, his/her designee, or the grievant may request a personal conference within the above time limits. d. Level IV 1). In the event the grievant is not satisfied with the decision at Level II111, the grievant may, within five (5) days after the receipt of the decision from the Superintendent, or his/her designee, request, in writing, that CSEA submit the grievance to a three-person panel. CSEA, by written notice to the Superintendent within ten (10) days after the receipt of the request from the grievant, may elect to submit the grievance to a three-person panel. If CSEA declines to submit the grievance to a three-person panel, the grievant or the Executive Director of Human Resources CSEA may submit a written request the grievance directly to the Superintendent or designee Board of Education for a final decision. 2). The panel shall be composed of one member selected by CSEA, one member selected by the District Administration, and the third member jointly selected by the other two. Each side shall select their representative within five (5) days of the request from CSEA. The two representatives shall select the third member within ten days. The panel shall conduct a hearing at which both parties may present evidence. After concluding the hearing, the panel shall prepare a report listing the issues, the pertinent facts found at the hearing, and recommendation for resolution. The report shall be sent to the Board of Education with copies to the grievant, CSEA, and the Superintendent. 3). The panel's report shall be binding on both parties, provided, however, 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 Board of Education, within fifteen (15) days of the pending grievancereceipt of the report may reject all or part of the report. 4). The mediator Costs of the services of the third panel member and any costs of the hearing shall have no authority to issue an opinion be borne equally by the District Administration and CSEA. However, if the Board rejects all or recommendationpart of the panel's report, the costs of the services of the third panel member and costs of the hearing shall be borne by the District Administration.

Formal Level. 4.3.1 a. Level I I 1) Within twenty fifteen (2015) 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 his/her immediate supervisor. 2) In the event that a number of unit members have the same grievance, the Federation may file a single grievance on behalf of all the complainants involved. The District will notify the Federation in writing who they consider to be the immediate supervisor for the grievant (PFT). 3) This statement shall be a clear, concise statement of the alleged grievance, the circumstances involved, the decisions rendered at the informal conference, and forward an information copy to the Superintendent at Level II. specific remedy sought. 4) The immediate supervisor shall communicate his/her decision to the employee in writing to the grievant with copies to the CSEA President and the job site representative within ten fifteen (1015) working days after receiving the grievance. Within the above time limits either party may request a personal conference. If the immediate supervisor does not respond within the time limits, the grievant may appeal to the next level. 4.3.2 5) Within the above time limits either party may request a personal conference. b. Level II II 1) 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 daysdays to the Human Resources Administrator. The appeal This statement should include a copy of the original grievance; , the decision rendered at Level Irendered, and a clear clear, concise statement of the reasons for the appeal. . 2) The Superintendent or Human Resources Administrator shall communicate 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(10ten (10) working days after receiving the appeal. Either the grievant or the Superintendent Human Resources Administrator may request a personal conference within the above time limits. If the Superintendent Human Resources Administrator does not respond within the time limits, the grievant may appeal to the next level. 4.3.3 c. Level III Mediation In the event III 1) If the grievant is not satisfied with the decision at Level II, he/she may, within ten (10) days, appeal the grievant or the Executive Director of Human Resources may submit a written request decision in writing to the Superintendent or his/her designee. This statement shall include a copy of the original grievance and appeal, the decisions rendered and a clear, concise statement of the reasons for the appeal. 2) The Superintendent or his/her designee shall communicate his/her decision to the grievant within ten (10) days. d. Level IV 1) In the event that the grievant is not satisfied with the decision of the Superintendent or his/her designee, he/she may appeal the decision in writing within ten (10) days to the Board of Education. 2) The Board of Education shall issue a written decision within fifteen (15) days. e. Level V 1) If the grievance is not resolved satisfactorily at Level IV, the grievant may, within ten (10) days after the decision by the Board of Education, submit the matter to binding arbitration. This can only be done with the concurrence of the Federation. If both the District and the Federation agree, the matter could be referred to the California State Conciliation Service for mediation. The mediator shall meet with the parties and attempt mediation before proceeding to facilitate a resolution of the pending grievance. The mediator shall have no authority to issue an opinion or recommendationbinding arbitration.