Common use of Level II – Formal Clause in Contracts

Level II – Formal. If the grievant is not satisfied with the disposition of the grievance after the informal Level I meeting, the grievant may file a grievance in writing on a Grievance Disposition Form with the Department of Human Resources within seven (7) work days of the conclusion of the Level I meeting. The Grievance Disposition Form must contain specific references to the articles of the Agreement and/or policies, procedures, or practices that the grievant alleges were violated, misinterpreted, or inequitably applied; explain how they were violated, misinterpreted, or inequitably applied; and indicate the reason why the Level I decision is unsatisfactory. Both the grievant and his or her immediate supervisor shall sign the Grievance Disposition Form, but the grievant may proceed with filing the Grievance Disposition Form if the grievant’s immediate supervisor does not sign the Grievance Disposition Form within the prescribed time limits. The grievant’s immediate supervisor may provide comments related to the Level I process on the Grievance Disposition Form. No additions to the Grievance Disposition form may be made after it has been signed by the grievant and his or her immediate supervisor. Upon receipt of a grievance, the Department of Human Resources shall schedule a Level II grievance hearing. The Level II grievance hearing shall take place within fifteen (15) work days of the Department of Human Resources’ receipt of the grievance. During the Level II grievance hearing, the District’s hearing officer shall hear the grievance, and, attempt to facilitate a resolution. If, at the Level II hearing there is an agreed-upon resolution to the grievance, the resolution will be documented in writing and signed by the grievant and the District’s designee(s). Any resolution reached at the Level II hearing shall be final, and no continuation of the grievance will be permitted unless the grievant believes the resolution has been violated by the administrator, manager, the District or designees. If the grievant believes such a violation occurred, the grievance will be remanded back to the Level II hearing officer. The hearing officer will determine whether the resolution was violated. If the hearing officer determines the resolution was violated, he/she shall enforce the resolution. If the Hearing officer determines he/she is unable to enforce the resolution, the grievance shall proceed through the grievance process at Level II, and a new Level II hearing may be scheduled at the discretion of the hearing officer. If a new Level II hearing is not required, the hearing officer shall issue a decision on the merits of the original grievance. If no resolution is reached during the Level II meeting, the hearing officer shall issue a written decision to both parties. If both parties have not agreed to extend the time limits for processing a grievance and the supervising administrator or the District’s designee do not meet the time limits for processing a grievance, the grievance may be moved to the next level at the request of the grievant(s) or the Association. If both parties have not agreed to extend the time limits for processing a grievance and the grievant or the Association do not meet the lime limits for processing a grievance, the grievance shall be considered waived.