Common use of Procedural Understandings Clause in Contracts

Procedural Understandings. 15.2.1 The District and the Association agree that every reasonable effort shall be made by the administration and the aggrieved party to settle grievance at the lowest level possible. Members and member representatives involved in the presentation of a grievance shall be free from restraint, interference, coercion, discrimination or reprisal. 15.2.2 Except where medical impairment interferes, any member/xxxxxxxx who believes he/she has a grievance shall meet and discuss the claimed grievance verbally with the immediate supervisor within fifteen (15) days after he/she knew, or reasonably should have known, of the circumstances which form the basis for the claimed grievance. 15.2.3 Any member/grievant may present grievances in line with the provisions of this Article without the assistance of the Association as long as adjustment is reached prior to arbitration and is not inconsistent with the terms of this Agreement. The District shall not agree to the adjustment or resolution of a grievance until the Association has received a copy of the grievance and the proposed resolution and has been given ten (10) days from the receipt of the grievance and proposed resolution in which to file a response with the Superintendent/designee. 15.2.4 Grievances of a similar or like nature may be joined as a single grievance by mutual agreement of the District and the Association. Any decision shall be binding on all grievants. 15.2.5 The grievant has the right, subject to the terms and conditions of this Article, to have a representative present at the informal grievance meeting and Levels I, II or III of the grievance procedure. The grievant, however, shall be present at each step of the grievance procedure, unless mutually agreed to by the District and Association 15.2.6 When a grievance has been filed by a member/xxxxxxxx, the grievant may terminate the grievance at any time by giving written notice to the District. 15.2.7 Until final disposition of a grievance takes place, the grievant is required to conform to the District's interpretation of the disputed policy, procedure, rule, regulation and/or directive. 15.2.8 Except where medical impairment interferes, any grievant who believes he/she has a grievance because of an administrative decision made by an administrator other than his/her immediate supervisor, shall have an informal grievance meeting with the appropriate Superintendent/designee within fifteen (15) days after the grievant knew, or reasonably should have known, of the circumstances which formed the basis of the claimed grievance. The Superintendent/designee shall attempt to resolve the matter within fifteen (15) days after the informal grievance meeting with the grievant. If the grievance cannot be resolved by discussion, the grievant may file a written grievance with the Superintendent/designee as described in 15.3, Level I. This is termed “advance step filing”. 15.2.9 The Association, when filing a response to a proposed resolution of a grievance, shall state in writing why the proposed resolution is unacceptable and what would be the remedy sought by the Association to resolve the issue. 15.2.10 Failure by the District to adhere to decision deadlines contained in this Article constitutes the right for the aggrieved to appeal automatically to the next higher level. Failure of the grievant or the grievant representative to adhere to the submission deadlines after filing a Level I grievance contained in this Article shall mean that the grievant or grievant representative is satisfied with the decision and waives any right to further appeal. However, nothing prevents the parties from extending the dates by mutual agreement. 15.2.11 Hearings and conferences held pursuant to the provisions of this grievance procedure shall be scheduled by mutual agreement. When conferences are held during the instructional day, the District shall provide a substitute for the grievant. When the grievant has designated a representative who is a certificated employee of the District, a substitute for the representative will be provided at District expense. The Association may request of the District upon three (3) days' written notice to the Superintendent/designee that an Association representative be released from assignment, without loss of pay, to permit participation in or observation of the aforementioned activities. It shall be understood that the Association shall pay for the substitutes if processing the grievance exceeds the grievant and an Association representative processing the grievance. 15.2.12 Any investigation or other handling or processing of any grievance by the grieving member, or the representative of the grieving member, shall be conducted without interference with or interruption of the instructional program and related work activities of the school program, except if the member/grievant and/or Association Representative needs release time during the work day to process the grievance. 15.2.13 All documents dealing with the processing of a grievance shall be held confidential by the administration and shall be filed separately from the personnel files of the participants. 15.2.14 Forms necessary to implement the grievance procedure shall be developed by the District and the Association. 15.2.15 Arbitrators shall be selected from lists provided by the California State Mediation and Conciliation Services (CSMCS)

Procedural Understandings. 15.2.1 The District and the Association agree that every reasonable effort shall be made by the administration and the aggrieved party to settle grievance at the lowest level possible. Members Teacher, teacher representatives and member representatives all administrative personnel involved in the presentation of a grievance shall be free from restraint, interference, coercion, discrimination or reprisal. 15.2.2 Except where medical impairment interferes, any member/xxxxxxxx teacher who believes he/she has a grievance shall meet and discuss the claimed grievance verbally orally with the immediate supervisor within fifteen ten (1510) days after he/she knew, or reasonably should have known, of the circumstances which form the basis for the claimed grievance. The supervisor shall attempt to resolve the matter within ten (10) days after the initial meet and discuss session with the teacher. "Meet and discuss" is intended to be an informal process geared to resolution of contract-related disputes prior to initiation of the formal grievance procedure which commences at Level I. If the grievance proceeds to formal Level I or beyond, neither party shall be bound by the substance of discussion and/or proposed remedies coming from such "meet and discuss" sessions. 15.2.3 Any member/grievant teacher may present grievances in line with the provisions of this Article without the assistance of the Association as long as adjustment is reached prior to arbitration and is not inconsistent with the terms of this Agreement. The District shall not agree to the adjustment or resolution of a grievance until the Association has received a copy of the grievance and the proposed resolution and has been given ten (10) days from the receipt of the grievance and proposed resolution in which to file a response with the Superintendent/designee. 15.2.4 Grievances of a similar or like nature may be joined as a single grievance by mutual agreement of the District and the Association. The grievant may select no more than two (2) individuals to process the grievance. Any decision shall be binding on all grievants. 15.2.5 The grievant has the right, subject to the terms and conditions of this Article, to have a representative present at the informal grievance meeting meet and discuss procedures and Levels I, II or III of the grievance procedure. The grievant, however, shall be present at each step of the grievance procedure, unless mutually agreed to by the District and Association. 15.2.6 When a grievance has been filed by a member/xxxxxxxxteacher, the grievant may terminate the grievance at any time by giving written notice to the District. 15.2.7 Until final disposition of a grievance takes place, the grievant is required to conform to the District's interpretation of the disputed policy, procedure, rule, regulation and/or directive. 15.2.8 Except where medical impairment interferes, any grievant teacher who believes he/she has a grievance because of an administrative decision made by an administrator other than his/her immediate supervisor, shall have an informal meet and discuss the claimed grievance meeting orally with the appropriate Superintendent/designee within fifteen ten (1510) days after the grievant teacher knew, or reasonably should have known, of the circumstances which formed the basis of the claimed grievance. The Superintendent/designee shall attempt to resolve the matter within fifteen ten (1510) days after the informal grievance meeting initial meet and discuss session with the grievantteacher. If the grievance cannot be resolved by discussion, the grievant may file a written grievance with the Superintendent/designee as described in 15.3, Level I. I, 1, 2, and 3. This is termed “"advance step filing”." 15.2.9 The Association, when filing a response to a proposed resolution of a grievance, shall state in writing why the proposed resolution is unacceptable and what would be the remedy sought by the Association to resolve the issue. Each remedy sought by the Association shall be supported by written argument. 15.2.10 Failure by the District to adhere to decision deadlines contained in this Article constitutes the right for the aggrieved to appeal automatically to the next higher level. Failure of the grievant teacher or the grievant teacher representative to adhere to the submission deadlines after filing a Level I grievance contained in this Article shall mean that the grievant teacher or grievant teacher representative is satisfied with the decision and waives any right to further appeal. However, nothing prevents the parties from extending the dates by mutual agreement. Failure on the part of the Association to file a timely response to grievance resolutions shall mean that the Association is satisfied with the proposed grievance resolution. 15.2.11 Failure of a grievant to attend scheduled meetings to discuss or hear the grievance, or to provide requested information at the grievant's disposal relating to the subject matter of the grievance shall be deemed a termination of the grievance. The administration shall be required to give written notice of such termination to the grievant. 15.2.12 Hearings and conferences held pursuant to the provisions of this grievance procedure shall be scheduled by mutual agreement. When conferences are held during the instructional day, the District shall provide a substitute for the grievant. When the grievant has designated a representative who is a certificated employee of the District, a substitute for the representative will be provided at District expense. The Association may request of the District upon three (3) days' written notice to the Superintendent/designee that an Association representative be released from assignment, without loss of pay, to permit participation in or observation of the aforementioned activities. It shall be understood that the Association shall pay for the substitutes if processing substitute for the grievance exceeds the grievant and an Association representative processing the grievancerepresentative. 15.2.12 15.2.13 Any investigation or other handling or processing of any grievance by the grieving memberteacher, or the representative of the grieving memberteacher, shall be conducted without interference with or interruption of the instructional program and related work activities of the school program, except if the member/grievant and/or Association Representative needs release time during the work day to process the grievance. 15.2.13 15.2.14 All documents dealing with the processing of a grievance shall be held confidential by the administration and shall be filed separately from the personnel files of the participants. 15.2.14 15.2.15 Forms necessary to implement the grievance procedure shall be developed by the District and the Association. 15.2.15 15.2.16 Arbitrators shall be selected from lists provided by the California State Mediation and Conciliation Services (CSMCS)