ARTICLE 12.00 - GRIEVANCE PROCEDURE
SECTION 12.01: PURPOSE
SECTION 12.02: DEFINITIONS
SECTION 12.03: TIMELINES
SECTION 12.04: RIGHTS TO REPRESENTATION
SECTION 12.05: PROCEDURE
The purpose of this procedure is to provide an orderly method of resolving grievances. A determined effort shall be made to settle such differences at the lowest possible level in the grievance procedure. Meetings or discussions involving grievances shall be scheduled at mutually agreeable times.
A. A "grievant" shall mean an employee or the Association filing a grievance.
B. A "grievance" shall mean a claim by a grievant that a dispute or disagreement exists involving the violation, interpretation, or application of the terms of his/her Agreement.
C. "Days" shall mean Monday through Friday and exclude weekends, holidays, and the winter and spring breaks.
A. Grievances shall be processed in the following manner and within the stated time limits. Time limits provided in this/her procedure may be extended only by mutual agreement.
B. If the stipulated time limits are not met by the District at one (1) level, the grievant shall have the right to appeal the grievance to the next level of the procedure.
C. Failure by the grievant (employee or Association) to present or proceed with a grievance within the specified or mutually extended time limits will render the grievance waived.
SECTION 12.04: RIGHTS TO REPRESENTATION
A. A grievant may be represented at all stages of the grievance procedure by himself/herself, or at his/her option, by Association representation selected by the Association. Said Association representation shall be limited to two (2) except that with prior notification to the District the Association may add an additional representative. If an aggrieved party is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure, and to receive the same written responses provided to the grievant.
B. If, in the judgment of the Association, a grievance affects a group of employees or the Association, the Association may initiate and submit such grievance in writing to the Superintendent directly, and the processing of such grievance shall be commenced at Step 2. The Association may process such a grievance through all levels of the procedure, even though there is no individual aggrieved person who wishes to do so.
C. Class grievances involving more than one (1) supervisor and grievances involving the administrator above the building level may be filed by the Association at Step 2.
D. In matters dealing with alleged violations of Association rights, the grievance shall be initiated at Step 2.
A. Step 1 --- Immediate Supervisor
If the grievance is not resolved informally, then within twenty (20) days that the act or condition which is the basis of the complaint is discovered or reasonably should have been discovered, the grievant may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within five (5) days after receipt of the grievance (Appendix M-1). The supervisor shall provide the aggrieved party and the Association with a written answer to the grievance within five (5) days after the meeting. Such answer shall include the reasons upon which the decision was based (Appendix M-2).
B. Step 2 --- Superintendent
If the grievance is not settled at Step 1, then the grievant may within five (5) days after the decision by the immediate supervisor or fifteen (15) days after the initial presentation of the grievance, whichever is sooner, refer the grievance to the Superintendent or his/her official designee. The Superintendent shall arrange for a hearing with the grievant and/or the Association to take place within five (5) days of his/her/her receipt of the appeal. The parties of interest shall have the right to include in the hearing such witnesses and counselors as they deem necessary to develop facts pertinent to the grievance. Upon conclusion of the hearing, the Superintendent will have five (5) days to provide his/her written decision, together with the reasons for the decision to the Association and grievant(s) (Appendix M-3).
C. Step 3 --- Arbitration
If no settlement is reached at Step 2, the Association may request that the matter be submitted to an arbiter as hereinafter provided:
1. Written notice (Appendix M-4) of a request for arbitration shall be made to the Superintendent within fifteen (15) days of receipt of the Step 2 decision or within twenty-five (25) days after receipt of the grievance by the Superintendent, whichever is sooner.
2. The arbitrator shall be selected by the American Arbitration Association in accord with its Voluntary Labor Arbitration Rules which shall likewise govern the arbitration proceeding.
3. The arbitrator shall be without power or authority to add to, subtract from, or alter from any of the terms of this Agreement. The arbitrator shall have no power or authority to rule on the termination of services or failure to reemploy any employee to a position on a supplemental contract, nor on the termination of services of an employee through discharge, non-renewal, or adverse effect procedures provided by law, nor on any matter involving discrimination. Both parties agree to be bound by the award of the arbitrator. The decision of the arbitrator, when provided in accordance with the foregoing, shall be final and binding upon both parties.
4. The cost for the services of the arbitrator, including per diem expenses, if any, and his/her travel and subsistence expenses and the cost of any hearing room, will be borne equally by the Board and the Association; all other costs will be borne by the party incurring them.
5. By mutual agreement, the Association and the District may agree to utilize grievance mediation pending an arbitration hearing. Also by mutual agreement, the Association and District may agree to utilize the rules for expedited arbitration of the American Arbitration Association.
D. No Reprisals
No reprisals of any kind will be taken by the Board or the administration against any employee because of his/her participation in any grievance.
E. Release Time
Should the investigation or processing of any grievance require that an employee(s) or an Association representative(s) be released from his/her regular assignment, upon request of the Association, he/she shall be released without loss of pay or benefits
F. Grievance Forms
Forms for filing and processing grievances shall be provided by the District and available in each building in the District.
G. Continuity of Grievance
Notwithstanding the expiration of this Agreement, any claim or grievance arising hereunder may be continued through the grievance procedure until resolution.
H. Personnel Files
Grievances and records dealing with the grievance shall be filed separately from the personnel files of the participants.