Benefit Eligibility For purposes of the Benefit Plan entitlement, common-law and same sex relationships will apply as defined.
Formal Level A. Level I:
1. Within five (5) work days of the oral response, if the grievance is not resolved, it shall be stated in writing on the "Academic Grievance" form as provided by the District (and shown as Exhibit "A" of this Agreement), signed by the grievant (or Federation Representative), and presented to his/her supervisor (or designee) at the xxxx level or above.
2. The supervisor or designee shall communicate his/her decision to the unit member in writing within five (5) days after receiving the grievance.
3. Within the above time limits, either the grievant (or Federation Representative) or the immediate supervisor (or designee) may request a personal conference with the other party.
B. Level II:
1. 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 college/campus president, or his/her designee, within five (5) days.
2. This statement shall include a copy of the original grievance and a written copy of the decision rendered by the unit member's supervisor or designee.
3. The college/campus president, or his/her designee, shall communicate the decision to the grievant in writing within seven (7) days of receiving the appeal. Either the grievant (or Federation Representative) or the college/campus president (or his/her designee) may request a personal conference within the above time limits.
C. Level III
1. If the grievant is not satisfied with the decision at Level II, he/she may within five (5) days appeal the decision on the appropriate form to the Chancellor, or his/her designee.
2. This statement shall include copies of the original grievance and appeal and written copies of the decisions rendered.
3. The Chancellor, or his/her designee, shall communicate his/her decision in writing to the grievant within fifteen (15) days.
D. Level IV--Advisory Arbitration
1. Within fifteen (15) work days after receipt of the decision of the Chancellor, the Federation may, upon written notice to the Associate Vice Chancellor, Human Resources, submit the grievance to arbitration under and in accordance with the prevailing rules of the California State Mediation and Conciliation Services. Only the Federation (exclusive representative) may demand arbitration.
Long Term Disability Benefit In the event an employee, while covered under this plan, becomes totally disabled as a result of an accident or a sickness, then, after the employee has been totally disabled for seven (7) months, including periods approved in Section 1.3(a) and (c), he/she shall be eligible to receive a monthly benefit as follows:
(a) The employee shall receive a monthly benefit equal to the sum of:
(1) sixty-eight and three-tenths percent (68.3%) of the first nineteen hundred dollars ($1900) of monthly earnings; and
(2) fifty percent (50%) of the monthly earnings above nineteen hundred dollars ($1900). For the purposes of the above, earnings shall mean basic monthly earnings as at the date of disability as determined by the Employer. The basic monthly earnings as at the date of disability shall be the salary in effect for the last month of the Short Term Plan period, or equivalent seven (7) month period, taking into consideration any retroactive adjustments. The date of disability for determining the commencement of the first two (2) years of disability shall be the day following the last month of the Short Term Plan period, or an equivalent seven (7) month period.
(b) The Long Term Disability benefit payment will be made so long as an employee remains totally disabled in accordance with Section 2.3, and will cease on the date the employee recovers, or at the end of the month in which the employee reaches age sixty-five (65), or resigns or dies, whichever occurs first.
(c) An employee in receipt of long term disability benefits will be considered an employee for purposes of pension plan and will continue to be covered by group life, extended health, dental and medical plans. Employees will not be covered by any other portion of this Collective Agreement, but will retain seniority rights should they return to employment within six (6) months following cessation of benefits.
(d) When an employee is in receipt of the benefit described in Section (a) above, contributions required for benefit plans in Section (c) above will be waived by the Employer.
(e) An employee engaged in rehabilitative employment with the Employer and who is receiving partial Long Term Disability benefit payments will have contributions required for benefit plans in Section (c) above waived by the Employer.
