Article5

ARTICLE 5: GRIEVANCE PROCEDURE

5.1 Definitions

5.1.1 A "grievance" is a formal written allegation by a unit member that he or she has been adversely affected by a violation of the specific provisions of this Agreement. Actions to challenge or change the policies of the District as set forth in the rules and regulations or administrative regulations and procedures of this school district are not within the scope of this procedure.

5.1.2 A "day" is a day in which the central administrative office of the District is open for business and the unit member is on track.

5.1.3 The "immediate supervisor" is the lowest level administrator having immediate jurisdiction over the grievant who has been designated by the District to adjust grievances. The District superintendent will designate the "immediate supervisor" if this is not clearly understood.

5.1.4 A "grievant" shall mean the Association or any unit member filing a grievance, pursuant to the definition of a grievance in Section 5.1.

5.2 Informal Level

Within ten (10) days after the occurrence of the act or omission giving rise to the grievance, and before filing a formal written grievance, the grievant shall attempt to resolve it by an informal conference with the grievant's immediate supervisor.

5.3 Formal Level

5.3.1 Level 1

5.3.1.1 Within ten (10) days after the occurrence of the act or omission giving rise to the grievance, the grievant must present such grievance in writing on the appropriate form to the immediate supervisor. This statement shall be a clear, concise statement of the grievance, including the specific provision(s) of this agreement alleged to have been violated and the specific manner in which the provision(s) has been violated, the factual events supporting this claim, the decision rendered at the informal conference, and the specific remedy sought. A conference will be held with the grievant, the association representative, and the district representative within ten (10) days after presentation of the written grievance form to the immediate supervisor.

5.3.1.2 The supervisor shall communicate a decision to the grievant in writing within ten (10) days after receiving the grievance. If the supervisor does not respond within the time limits, the grievant may appeal to the next level. Within the above time limits, either party may request a personal conference with the other party.

5.3.2 Level 2

5.3.2.1 In the event the grievant is not satisfied with the decision at Level 1, the grievant may appeal the decision on the appropriate form to the superintendent or designated administrative officer within ten (10) days. This statement should include a copy of the original grievance, the decision rendered, and a clear, concise statement of the reasons for the appeal. The superintendent or designee shall communicate a decision within ten (10) days after receiving the appeal. Either the grievant or the superintendent or designee may request a personal conference within the above time limits. If the superintendent or designee does not respond within the time limits, the grievant may appeal to the next level.

5.3.3 Optional Mediation Prior to Level 3

5.3.3.1 Within the time limits for appeal to Level 3, if the grievant or the Association is not satisfied with the decision at Level 2, the District or Association may request that the grievance be submitted to mediation prior to proceeding to Level 3 of the grievance procedure. Upon mutual agreement to utilize this step, the District shall contact the California State Conciliation Service and request that a mediator be appointed.

5.3.3.2 The function of the mediator shall be to assist the parties to achieve a mutually satisfactory resolution of the grievance. The mediator shall have no power to render a decision or make a public recommendation on the grievance. Any statements made during the mediation process shall be confidential and shall not be admissible in any future court or administrative proceeding.

5.3.3.3 At the outset of this process, the mediator shall schedule a meeting at a mutually agreeable time for the purpose of resolving the matter through mediation. The mediation shall be limited in duration to eight (8) hours.

5.3.3.4 If a satisfactory resolution of the grievance is achieved by means of this mediation process, both parties to the grievance shall sign a written statement to that effect and thus waive the right of either party to any further appeal of the grievance.

5.3.3.5 If no satisfactory settlement of the grievance is reached through this process within the time limits contained within Section 5.3.3.3, either party may appeal the grievance to the next level (Level 3).

5.3.3.6 The fees and expense of the mediator shall be borne equally by the District and the grievant or Association. All other expenses shall be borne by the party incurring them.

5.3.4 Level 3

5.3.4.1 If the grievant is not satisfied with the disposition of the grievance at Level 2, or if no written decision has been rendered on or before the Level 2 decision deadline, within ten (10) days following such deadline, the grievant may request the Association to submit the grievance for arbitration.

5.3.4.2 Should the Association decide to take the grievance to arbitration, it shall notify the grievant and the District of its intent to proceed within fifteen (15) days of the request by the grievant by sending the grievant and District a copy of the request to the California State Mediation and Conciliation Service for a list of seven (7) names of arbitrators. The arbitrator shall be selected by the parties from the list by alternately striking one (1) name. The party making the first strike shall be determined by lot. The last remaining name shall be the arbitrator.

5.3.4.3 If any question arises as to the arbitrability of the grievance, such question shall be ruled upon by the arbitrator. The arbitrator shall render an expedited decision on the question of arbitrability prior to the parties being required to present evidence on the merits of the grievance. The arbitrator's decision on the merits of the grievance will be in writing and will set forth the findings of fact, reasoning and conclusions of the issues submitted. The decision shall be rendered within thirty (30) days after close of the hearing of receipt of post hearing briefs. The fees and expenses of the arbitrator shall be borne equally by the District and the Association. All other expenses shall be borne by the party incurring them.

5.3.4.4 If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. The arbitrator will have no power to add to, subtract from, or modify the terms of the Agreement or the written policies, rules, regulations, and procedures of the District. Issues arising out of the exercise by the Board of Education and administration of its responsibilities under Article 3 of this Agreement, "District Rights," including the facts underlying its exercise of such discretion, shall not be subject to this procedure.

5.3.4.5 After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties the findings and recommendations which shall be binding to the parties. The arbitrator's decision must be limited to the specific issue or issues submitted to him/her, and based upon the arbitrator's interpretation of meaning of the language of the agreement.

5.4

Class Action Grievances

If two or more persons have the same grievance, such persons may elect to consolidate the grievance. The signatures of such persons must be present on the grievance form to indicate their election. The decision shall apply to all parties.

5.5 Supervision of Grievant Pending Disposition of Grievance

Until final disposition of a grievance takes place, the grievant is required to conform to the original direction of his/her supervisor, except in matters relating to the real and actual physical danger to immediate inimical welfare of the grievant.

5.6 Miscellaneous

5.6.1 The District shall not agree to a resolution of a formal grievance until the Association has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response.

5.6.2 Nothing contained herein will be construed as limiting the right of any grievant to discuss a grievance informally with his/her immediate supervisor, or to have the grievance adjusted, prior to Level 2, without intervention of the Association, provided that the adjustment is not inconsistent with the terms of this Agreement. Any proposed resolutions at Levels 1 and 2 shall not be agreed upon by the District until the Association has been provided with a copy of the grievance, proposed resolution, and reasons therefor, and has been provided an opportunity to respond.

5.6.3 If a grievance arises from action or inaction on the part of a member of the administration at a level above the principal or immediate supervisor, the grievant may submit such grievance in writing to the superintendent directly and the processing of such grievance will be commenced at Level 2. Failure to appeal a decision at any given level within the specified time limits finalizes the decision rendered at that level.

5.6.4 Since it is important that grievances be processed as rapidly as possible, the time limits specified at each level should be followed completely and every reasonable effort should be made to expedite the process. The time limits may, however, be extended by mutual agreement.

5.6.5 In the event a grievance is filed at such a time that it cannot be processed through all the steps in this grievance procedure by the end of the last teacher workday, at the end of the school year, it will continue following the time line until resolved.