Common use of Grievance Procedure: General Provisions Clause in Contracts

Grievance Procedure: General Provisions. 18.1 A grievance is a claim by any employee, group of employees, or PPFE, Inc., that there has been or is a violation or deprivation of a term and/or condition of employment under this contract. 18.2 All grievances shall include the name and position of the aggrieved party, the time and place of the grievance, the specific article(s) and paragraph(s) of the Agreement allegedly violated, a general statement of the nature of the grievance and the redress sought. 18.3 A grievance shall be deemed waived unless it is submitted in writing within 30 school days after the aggrieved party knew or should have known of the events or conditions on which it is based. During the summer recess, work days shall be considered as school days. 18.3.1 Continuing alleged violations may be grieved at any time, provided, that any redress may not be retroactive prior to the date the grievance was filed. 18.4 The District and the Association will facilitate any investigation which may be required and to make available any and all material and relevant documents, communications and records concerning the grievance. 18.5 The grievant shall have the right of representation at all stages of the grievance procedure and, when hearings are convened, to confront and cross-examine all witnesses called against him or her, as well as to testify and call witnesses on his or her own behalf. 18.6 In any grievance brought by an employee or group of employees, PPFE, Inc. shall be notified of all hearing dates, given copies of all exhibits and decisions and have the opportunity to cross-examine all witnesses. 18.7 No interference, coercion, restraint, discrimination, or reprisal of any kind at any time will be taken by the District or by any member of the administration against the Association or any other participant in the grievance procedure. 18.8 Failure by the District to hold a hearing or submit decisions within the time limits set forth herein, shall be construed as a denial of the grievance and the grievance may be appealed to the next stage. 18.9 Grievances shall be submitted at the lowest possible stage where relief may be granted. 18.10 There shall be no presentation of grievances during work hours unless mutually agreed upon.

Grievance Procedure: General Provisions. 18.1 A Section 9.01 Grievances within the meaning of the grievance is a claim by any employeeand arbitration provisions of this Agreement shall consist only of disputes arising under and during the life of this Agreement and which pertain to the interpretation, group application and alleged violation of employees, or PPFE, Inc., that there has been or is a violation or deprivation of a term and/or condition of employment under this contractthe Agreement's express written terms and conditions. 18.2 All grievances Section 9.02 A written grievance shall include the name following information: A) It shall be signed by the grievant(s) and position appropriate Union Representative(s). B) It shall contain a statement of the aggrieved partygrievance. C) It shall cite the specific clause(s) of the Agreement alleged to have been violated. D) It shall contain a summary of the facts relating to the alleged violation, including a statement of what the grievant believes to have occurred, the date, time and place of the violation. E) It shall specify the relief requested. Section 9.03 No matter shall be subject to the Grievance Procedure unless it is presented in writing by the Union within twelve (12) workdays of the date the employee or the Union became aware, or reasonably should have become aware, of the action complained of. If no grievance is presented in that time the grievance is barred. Section 9.04 If the Union fails to appeal a Step II, or Step III answer in writing within the time provided in the Grievance Procedure, or any mutually agreed extension of such time, the Employer's Step II or Step III answer shall be considered final. Section 9.05 If the Employer fails to answer the grievance, in writing, within the specific article(s) and paragraph(s) time provided in the Grievance Procedure, or any mutually agreed extension of such time, the Agreement allegedly violated, a general statement of the nature of the grievance and the redress sought. 18.3 A grievance shall be deemed waived unless it is submitted in writing within 30 school days after advanced to the aggrieved party knew or should have known next step of the events or conditions on which it is based. During Grievance Procedure. Section 9.06 If the summer recessEmployer fails to schedule a meeting within the prescribed time limits, work days unless the time limits are extended by mutual agreement of the parties, the grievance shall be considered as school daysadvanced to the next step of the Grievance Procedure. 18.3.1 Continuing alleged violations Section 9.07 A grievance may be grieved at any timewithdrawn without prejudice and, providedif so withdrawn, that any redress may shall not be retroactive prior to the date the grievance was filed. 18.4 The District and the Association will facilitate considered in connection with any investigation which may be required and to make available any and all material and relevant documents, communications and records concerning the future grievance. 18.5 Section 9.08 If a grievance involves more than one (1) employee, or the Union or Employer believe the processing of a grievance through Step I of the Grievance Procedure to be clearly inappropriate, either party may submit a request to the other party to process the grievance commencing at Step II of the Grievance Procedure and, by mutual agreement, the grievance may be so processed. Disciplinary suspensions and terminations from employment shall be directly appealed to Step II. Section 9.09 Where one (1) or more grievances involve a similar issue, those grievances may be held in abeyance pending the disposition of the appeal of a representative case which shall control the result of all such cases. Section 9.10 The grievant Arbitration provisions of this Agreement are expressly and exclusively reserved to the Union and the Employer. No employee or group of employees shall have the right of representation at all stages to appeal or process a grievance to the Step III, Arbitration level of the grievance procedure and, when hearings are convened, to confront and cross-examine all witnesses called against him or her, as well as to testify and call witnesses on his or her own behalfGrievance Procedure. 18.6 In any Section 9.11 The resolution of a grievance brought by an employee at Step I, or group II, shall not add to, subtract from or modify the terms of employees, PPFE, Inc. this Agreement. Any agreement reached between the Employer and the Union shall be notified of all hearing datesbinding upon the Union and its members, given copies of all exhibits the Employer and decisions and have the opportunity to cross-examine all witnessesaffected employees. 18.7 Section 9.12 No interferenceAgreement shall add to, coercion, restraint, discrimination, subtract from or reprisal modify the terms of any kind at any time will be taken this Agreement unless done so in writing and approved by the District Director of Employee Relations or by any member of his/her designee and the administration against Local President. Any agreement so reached shall be binding upon the Association or any other participant in Union and its members, the grievance procedureEmployer and affected employees. 18.8 Failure by the District Section 9.13 For purposes of computing workdays pursuant to hold a hearing or submit decisions within the time limits set forth hereinthis Article, Saturdays, Sundays and holidays shall be construed as a denial of the grievance and the grievance may be appealed to the next stageexcluded. 18.9 Grievances shall be submitted at the lowest possible stage where relief may be granted. 18.10 There shall be no presentation of grievances during work hours unless mutually agreed upon.

Grievance Procedure: General Provisions. 18.1 ‌ 13.1 A grievance is may be filed by a claim unit member or by any employeethe Exclusive Representative on behalf of a unit member who has signed a written request for representation. An action to challenge the application of Board policies (except as incorporated by the District in a disciplinary action taken pursuant to ARTICLE 9), group of employeesadministrative directives, rules, or PPFE, Inc., that there has been or is a violation or deprivation procedures over matters not contained in this Agreement are not grievances under the provisions of a term and/or condition this Article and shall be undertaken pursuant to such separate administrative procedures as established by the Board of employment under this contractTrustees. 18.2 All grievances shall include 13.2 The grievant may elect to be represented by the name and position Exclusive Representative at all formal levels of the aggrieved partygrievance procedure and must inform the District in writing. 13.2.1 The grievant, a designated bargaining unit representative, and witnesses employed by the time and place District, if any, participating in the processing of the grievance, shall suffer no loss in pay while attending meetings or appointments necessitated by the specific article(s) grievance which are mutually scheduled by the District and paragraph(s) the Exclusive Representative. 13.2.2 A unit member may present a grievance to the District and have such grievance adjusted without the intervention of the Agreement allegedly violatedExclusive Representative. If the unit member elects not to be represented by the Exclusive Representative, the unit member shall sign a general statement waiver to that effect. 13.2.3 Any adjustment shall not be inconsistent with the terms of this Agreement. The District shall not agree to a resolution of the nature grievance until the Exclusive Representative has received a copy of the grievance and the redress soughtproposed resolution and has been given an opportunity to file a response. The response shall be filed within 20 days. 18.3 A 13.3 Once a grievance has been initiated, all matters of dispute relating to its which occur during the processing of the grievance shall become a part of and be deemed waived unless it is submitted resolved in writing within 30 school days after the aggrieved party knew grievance proceeding. Once a grievance has been resolved or should a final decision rendered, a grievant shall not be entitled to initiate a new grievance on any matter or occurrence which properly could have known been included in the first grievance. 13.4 Failure of the events grievant or conditions on which it the grievant’ s representative to adhere to the time limits of this Article shall constitute waiver of the grievance and acceptance of the District's action or decision at the appropriate level. 13.4.1 Time limits may be extended or shortened by mutual written agreement of the grievant and the Superintendent/President. 13.4.2 If a Level One grievance or Level Two appeal is based. During filed within five days of the beginning of winter recess or summer recess, work days the time lines set forth in sections 13.7.3, 13.7.4, 13.8.2.1, 13.8.3, 13.8.4.4, or 13.9, as applicable, shall be considered as school daysnot toll during the recess period. 18.3.1 Continuing alleged violations may be grieved at any time, provided, that any redress may not be retroactive prior to the date the grievance was filed. 18.4 The District and the Association will facilitate any investigation which may be required and to make available any and all material and relevant documents, communications and records concerning the grievance. 18.5 The grievant shall have the right of representation at all stages of the grievance procedure and, when hearings are convened, to confront and cross-examine all witnesses called against him or her, as well as to testify and call witnesses on his or her own behalf. 18.6 In any grievance brought by an employee or group of employees, PPFE, Inc. shall be notified of all hearing dates, given copies of all exhibits and decisions and have the opportunity to cross-examine all witnesses. 18.7 13.5 No interference, coercion, restraint, discrimination, or reprisal of any kind at any time will be taken by the District or by the Federation against any member of the administration against the Association grievant or any other participant in the grievance procedureprocedure by virtue of such participation. 18.8 Failure 13.5.1 Forms and documents prepared solely for the processing of a grievance which would not in the normal course of business be filed in a unit member's personnel file, shall be maintained in a separate file and shall not be placed in the personnel file. The grievant or representative may inspect the material related to the grievance that is contained in the file and may copy the material as provided by ARTICLE 8, PERSONNEL FILES, section 8.5. 13.5.2 Until final disposition of the District grievance takes place, the grievant shall conform to hold the original direction of the District. 13.6 Prior to filing a hearing formal grievance, and within 10 days after the grievant knows, or submit decisions reasonably should have known of the circumstances which form the basis of the grievance, the unit member shall discuss the problem with the immediate supervisor or the area administrator if the immediate supervisor is unavailable. The immediate supervisor shall attempt to informally resolve the grievance and shall respond verbally within five days of the meeting. 13.6.1 If a grievance arises at a level above the unit member's immediate supervisor, the initial filing, which shall comply with the provisions of Level One, shall be made at Level Two. 13.6.2 If at any time during the processing of a grievance prior to the conclusion of Level Two, one or more other grievances are timely filed by two or more-unit members involving the same or essentially the same facts and issues, the Superintendent/President may determine that the later filed grievances shall be consolidated with and heard together starting at the level at which the earliest grievance is then pending. Level One‌ 13.7 If the informal discussion does not resolve the grievance, a formal level grievance may be initiated not later than 20 days after the unit member knew of the act or omission giving rise to the grievance. The grievant shall file a Level One grievance in writing with the immediate supervisor or area administrator. 13.7.1 The grievance shall include the following information: • The grievant’ s name. • The date of the filing. • The date of the alleged violation. • The specific Article or Articles or section or sections violated. • Brief description of the alleged violation. • Brief synopsis of the informal conference. • The specific relief requested. • The unit member's signature. 13.7.2 A grievance not containing the required information shall be rejected as being improperly filed. Such rejection shall not extend the time limits of this Article. 13.7.3 At the request of the grievant, the immediate supervisor may conduct a formal conference with the grievant within 20 days of the filing of the grievance. 13.7.4 The supervisor shall communicate a written decision to the grievant within five days of the formal conference. 13.7.5 If the supervisor does not meet with the grievant as provided or does not communicate a decision within the time limits set limit, the grievance shall be deemed to be denied and the grievant may appeal to Level Two. Level Two‌ 13.8 If the grievance is denied at Level One, the grievant may file a Level Two written appeal to the Superintendent/President or designee within 10 days of the Level One denial. 13.8.1 The appeal shall contain all materials filed in Level One and the decision, if any, accompanied by a specific and concise statement of the reason for the appeal. 13.8.2 The appeal shall also state the grievant selection to proceed at Level Two by either (1) a meeting with the Superintendent/President or designee or, (2) conciliation by the California State Conciliation Service. The election of one option shall exclude the other. If the grievant does not elect to proceed by conciliation, the Superintendent/President or designee may elect to do so and shall advise the grievant within 10 days of the filing of the appeal. 13.8.3 A meeting between the Superintendent/President or designee and the grievant shall be held within 10 days of the filing of the appeal. The Superintendent/President or designee shall transmit to the grievant within 10 days of the meeting a written decision including the reasons for the decision. 13.8.4 Where the grievance proceeds by conciliation, the conciliation session shall be scheduled at the mutual convenience of the parties and the conciliator. 13.8.4.1 The conciliator shall attempt to find a mutually acceptable resolution to the grievance. 13.8.4.2 The conciliator shall not issue any public statements of fact or opinion on the issue. 13.8.4.3 Conciliation or settlement positions of either party shall not be introduced at any other grievance level. 13.8.4.4 Within 10 days of the conciliation session, the Superintendent/ President or designee shall transmit to the grievant a written decision including the reasons for the decision. If the conciliation has produced a mutually acceptable solution, that solution shall be the Superintendent/President's or designee’s decision. 13.8.5 If the Superintendent/President or designee does not transmit a written decision within the time limit, the grievance shall be deemed to be denied. Level Three‌ 13.9 A grievance that has been denied at Level Two may be submitted to arbitration by the Exclusive Representative pursuant to the provisions of the Code of Civil Procedure, section 1280, et seq. The submission shall be made within 10 days of the Level Two denial. The Arbitrator shall be selected from the panel of the California State Mediation and Conciliation Service. 13.9.1 The arbitration process established by this Agreement is limited by the following provisions of this section: 13.9.1.1 If a grievant who filed a grievance utilized the provisions of section 13.2.2 and 13.2.3 and is satisfied with the Level Two decision, the Exclusive Representative is barred from instituting the arbitration procedure provided that the Level Two decision does not violate this Agreement or does not create a precedent. 13.9.1.2 The arbitration shall be limited solely to the interpretation and application of this Agreement to the precise issue or issues submitted in the original grievance filing, any matter incorporated pursuant to section 13.3, and any procedural objections made by the District. The arbitration shall not determine any other issue or issues. 13.9.1.3 An Arbitrator shall have no power or authority to hear a grievance regarding any of the following matters: 13.9.1.3.1 Any Article, issue, or matter that is excluded from utilizing the grievance procedure of this Article by terms of the particular Article, issue, or matter. 13.9.1.3.2 The promulgation of rules or procedures for the implementation of this Agreement. 13.9.1.3.3 A decision to not reemploy or to not reassign a faculty member to a Division Chair, or Assistant Director position, except as provided by ARTICLE 7, EVALUATION PROCEDURES AND TENURE REVIEW PROCESS, section 7.21.1.1, or ARTICLE 9, DISCIPLINARY ACTION, section 9.1.2. 13.9.2 If a question arises as to the arbitrability of a grievance that has been submitted to arbitration, the Arbitrator shall rule on that issue at a separate hearing if the District and the Exclusive Representative mutually agree to the separate arbitration prior to a hearing on the merits of the grievance. 13.9.3 Following a hearing on the merits of the grievance, the Arbitrator shall issue a written Decision and Award which sets forth hereinthe Arbitrator’s findings of fact, reasoning, and conclusions on the precise issue or issues submitted. In rendering the Decision and Award, the Arbitrator shall be limited as follows: 13.9.3.1 Where the District has made a judgment involving the exercise of discretion, the Arbitrator shall review the District’s decision solely to determine whether the decision violated the Agreement. The Arbitrator's judgment shall not be substituted for the judgment of the District. 13.9.3.2 The Arbitrator shall not issue any statement of opinion or conclusion that is not essential to the determination of the issue or issues submitted. 13.9.3.3 When the Arbitrator is required to interpret a provision or provisions of this Agreement, the Arbitrator may not consider authorship of the provision. 13.9.4 The Arbitrator's Decision and Award may include restitution, financial reimbursement, or other proper remedy, except fines or penalties. The Arbitrator's Decision and Award, which is final and binding, shall be construed as a denial submitted to the District and the Exclusive Representative for review and implementation. 13.9.5 The parties shall share the per diem charge and expense costs of the grievance Arbitrator and the grievance may be appealed to the next stagecase administration fee, if any, equally. Each party shall bear all other costs of its own case. 18.9 Grievances shall be submitted at the lowest possible stage where relief may be granted. 18.10 There shall be no presentation of grievances during work hours unless mutually agreed upon.