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 the grievant is not satisfied with the disposition of his/her grievance at Level II, the grievant, with the written concurrence of the Union, may within ten (10) workdays:
A. Submit the grievance in writing to the Board for a hearing and final determination. Within fifteen (15) workdays after receipt of a request for a hearing the Board shall meet with the grievant and his/her Union representative to hear the matter. The Board shall render a final decision in writing within ten (10) workdays of the hearing or;
B. Submit the grievance to a neutral arbitrator. Such request must be in writing and be accompanied by a written statement from the Union agreeing to take the grievance to arbitration. If no agreement can be reached on a mutually acceptable arbitrator within ten (10) workdays after the written request is made, the District and the Union shall jointly request that the State Conciliation Service supply a listing of names pursuant to its Rules. The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply in this step. Any award of the arbitrator shall be binding on the grievant, the Union and the District. It shall be the function of the arbitrator to make an award, if necessary, which will resolve the grievance. The arbitrator shall be subject to the following limitations:
1. The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this agreement, but shall determine only whether or not there has been a violation, misapplication or misinterpretation of this agreement, as alleged by the grievant.
2. The award of the arbitrator shall be based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon any post-hearing briefs of the parties.
3. The arbitrator shall have no power to change any practice, policy, or rule of the District or to substitute his/her judgment for that of the District as to the reasonableness of any such practice, policy or rule.
4. The arbitrator shall not consider any issue/evidence raised by the grievant unless it was known by the District in an earlier level of this grievance procedure.
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.
