Level III. In the event the grievance is not resolved in Level II, the decision rendered may be appealed to the School Board, provided such an appeal is made in writing within ten (10) days after receipt of the decision in Level II. If a grievance is properly appealed to the School Board, the School District shall hear the grievance within twenty (20) days after the receipt of the appeal. Within twenty (20) days after the meeting the School Board shall issue its decision in writing to the parties involved. At the option of the School Board, a committee or representative(s) of the School District may be designated by the School Board to hear the appeal at this level, and report its findings and recommendations to the School District. The School District shall then render its decision.
Level III. 19.4.3.1 In the event the grievant is not satisfied with the decision at Level II, he/she may, but only with the concurrence and participation of the United Faculty, within fifteen (15) days, give written notice to the Chancellor demanding a "Fact-Finding Panel" be formed.
19.4.3.2 The grievant may with or without concurrence of the United Faculty, appeal the Chancellor's decision direct to "Level IV, Board" bypassing this level as optional on any grievance.
19.4.3.3 Where the grievant and the United Faculty demand a "Fact-Finding Panel," it shall be formed to consider the grievance and render a decision. The procedure shall be as follows:
19.4.3.3.1 Within five (5) days after the receipt of the written request, District and United Faculty shall each select one (1) person to serve as a member of the panel.
19.4.3.3.2 Within five (5) days the selected panel members shall communicate to select a mutually agreeable third (3rd) panel member who shall be neutral and impartial and shall serve as chairperson of the panel.
19.4.3.3.3 In the event that a mutually agreeable chairperson cannot be agreed upon within three (3) days, the panelist shall be selected by reverse striking from a list of five (5) certified panelists supplied by the American Arbitration Association, the California State Conciliatory Service, or the Federal Mediation and Conciliation Service.
19.4.3.3.4 Panel chairperson expenses, including any per diem fees, actual and necessary travel, and subsistence expense, and other fees and expenses shall be shared equally by the parties. Other expenses shall be borne by the party incurring them except as noted in seven (7) below. Neither party shall be responsible for the expenses or witnesses called by the other.
19.4.3.3.5 The panel shall, within ten (10) days after its appointment, schedule a hearing with the parties or their representatives, either jointly or separately, and make inquiries and investigations, hold hearings, or, take such other steps as the chairperson deems appropriate to determine a resolution recommendation.
19.4.3.3.6 The panel shall submit its decision, in writing, regarding the grievance in question to the United Faculty and the Governing Board.
19.4.3.3.7 The recommendation(s) shall automatically become binding on the parties unless within twenty (20) working days of its receipt at the District office or at the next regular Board meeting (whichever is later) the Board rejects or alters all or any part of the recommendation(s)....
Level III. If the Utilization Level is greater than or equal to 75% but less than 90%.
Level III. If not satisfied with the decision at Level II, the grievant may, within ten (10) days, submit a request in writing on the appropriate form to the County Superintendent or designee for a facilitator/mediator. At this level a facilitator/mediator will be utilized to assist in the communication between the unit member filing a grievance and the County Superintendent. The individual facilitator/mediator shall be selected from the California State Mediation and Conciliation Service (CSMCS). The role of the facilitator is to enhance communication and provide alternative means of dealing with the grievance. The work of the facilitator is non-binding on either party and there will be no written opinion regarding the outcome by the facilitator. As an alternative, the employee may elect to go to Level IV and not utilize the provision contained in Level III and shall so request in writing on the appropriate form to the County Superintendent or designee within the above stated time frame.
11.6.1 The Union and the Superintendent shall attempt to agree upon a mediator who will render an advisory award. If no agreement can be reached, they shall request the California State Mediation and Conciliation Service (CSMCS) to supply a panel of five (5) names of 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 mediator who will render an advisory decision. The order of the striking shall be determined by lot.
11.6.2 The fees and expenses of the mediator shall be borne by the Superintendent if the grievance is sustained and the Union if the grievance is denied. In the event the grievance is sustained in part and denied in part, the mediator shall determine the appropriate share of fees and expenses to be assessed each party. All other expenses shall be borne by the party incurring them.
11.6.3 The mediator 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 mediator shall determine the issues by referring to the written grievance and the answers thereto at each step. All mediation issues shall be ruled upon prior to hearing on the merits.
11.6.4 The mediator 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 Superintendent. The mediator shall be...
Level III. If the grievant is not satisfied with the decision at Level II, he/she may, within ten (10) 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. The Superintendent or his/her designee shall communicate his/her decision to the grievant within ten (10) days.
Level III a. If the Grievant is not satisfied with the decision at Level II, the Grievant may within ten (10) days appeal the decision in writing to the Superintendent.
b. 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.
c. The Superintendent shall communicate the decision to the Grievant within ten (10) days. If the Superintendent does not respond within the time limits provided, the Grievant may appeal to the next level.
d. Either the Grievant or the Superintendent may request and be granted a conference at a mutually agreed upon time.
Level III. 5.2.3.1 In the event the grievant is not satisfied with the recommendation(s) of the President/Superintendent or designee, he/she may request the UFO to seek conciliation pursuant to this Section.
5.2.3.2 Upon receipt of written request by the UFO, delivered to the President/Superintendent within twenty (20) days of the formal Level II response, the President/ Superintendent and the UFO may mutually agree to request the California Conciliation Service to provide a conciliator to assist in resolving the grievance.
5.2.3.3 The conciliator shall attempt to resolve the grievance within twenty
Level III a. If the grievant is not satisfied with the disposition of his/her grievance at level two, he/she may file the grievance within five (5) days of the level two response with the Superintendent.
b. The Superintendent shall schedule and hold a meeting with the grievant within ten (10) days after receipt of the appeal and shall transmit a written decision to the grievant within ten (10) days of the meeting.
Level III. In the event the grievance is not resolved in Level II, the decision rendered may be appealed to the Board, provided such appeal is made in writing within five (5) days after receipt of the decision in Level II. If a grievance is properly appealed to the Board, the Board shall set a time to hear the grievance within twenty (20) days after receipt of the appeal. Within fifteen (15) days after the meeting, the Board shall issue its decision in writing, including reasons therefore, to the parties involved. At the option of the Board, a committee or representative(s) of the Board may be designated by the Board to hear the appeal at this level and report its findings and recommendations to the Board. The Board shall then render its decision in writing, including reasons therefore, to the parties involved.
Level III. Within three (3) working days after receiving the decision at Level II, the employee may appeal the decision, in writing, to the Superintendent of Schools. If the complaint was filed with the Superintendent of Schools at Level II, then Level III will be eliminated in the procedure. Within five (5) working days of receipt of the written complaint, the Superintendent of Schools will meet with the employee, discuss the complaint, and render a written decision. A copy of the written decision will be sent to the employee and to his/her immediate supervisor.
