Article 4 – Grievance Procedures

Article 4 – Grievance Procedures

4.01 – Definition: A grievance is defined as a claim by a named employee, or a group of named employees, or the Association through the President, that there has been a violation, misinterpretation or misapplication of articles in this Agreement. A grievance shall be processed as hereinafter provided.

4.02 – Jurisdiction:

1. Representation: All members of the unit have the right to be represented by the Association in the resolution of a grievance. Nothing herein shall be construed to mandate Association representation of a unit member who is not also a member of the Association; nothing herein shall be construed to prevent any member of the unit from presenting their own grievance in person or by counsel and having such grievance adjusted without the intervention of the Association, if the adjustment is consistent with the terms of this Agreement, and if the Association has been given the opportunity to be present at the meeting called for the resolution of such grievances.
2. Rights: Nothing contained in the grievance procedure shall be construed to deny the Board, the Superintendent, the Association or any employee the rights otherwise guaranteed by law. Retaliation for filing a grievance is strictly prohibited.
3. Responsibilities: The filing of a grievance shall not interfere with the right of the Board to carry out its management responsibilities to the final resolution of the grievance. The employee shall abide by management’s decision prior to and during the time the grievance is pending.
4. Expenses: The fees and expenses of the arbitrator and witness fees for witnesses called by the arbitrator shall be paid equally by the Board and the Association. Otherwise, each party shall bear its own expenses.
5. Waiver: When the Association and the supervisor agree that the supervisor will waive Level I, the grievant may file the grievance and proceed through the grievance procedure from the informal proceeding to Level II. In the case where an alleged violation exists at multiple work sites or affects a broad class of employees, the parties may by mutual agreement begin at Level II of the grievance procedure. The commencement of proceedings against the Board in a court or before PERC or any administrative agency, by an employee(s) or the Association, for misapplication or misinterpretation of the terms of this Agreement shall be deemed a waiver by said employee(s) and the Association of their right to resort to the grievance procedure.

4.03 - Filing:

1. Grievance Forms: Grievance forms shall be available in electronic format on the District’s website or may be copied from Appendix B of this Agreement.
   1. Time Limits: Failure of the grievant to process a grievance within the time limits herein provided shall bar the grievance. The time limits provided in this article may be extended by written agreement between the parties. Whenever illness or any other incapacity of the grievant prevents attendance at any grievance hearing, the time limits shall be extended to such time that the grievant can be present.
   2. Working Days: For the purpose of this grievance procedure, working days are defined as days that the District office is open for business.
   3. Withdrawal: A grievance may be withdrawn by the grievant at any time and at any levelof this procedure. Once the grievant withdraws a grievance and/or arbitration request, the matter shall be considered closed and final. The same grievance may not be filed a second time by the same grievant. A written record of the withdrawal of the grievance and/or arbitration request shall be maintained in the grievance file.

4.04 - Hearings:

1. Informal Grievance: In the event that an employee believes that there is a basis for a grievance, they shall, within ten (10) working days of the alleged violation, schedule a meeting with their immediate supervisor to informally discuss the alleged violation. This meeting is often the best opportunity for the parties to achieve a positive resolution to avoid a formal written grievance. The meeting will take place within seven (7) working days of the date the employee notifies the supervisor, unless otherwise agreed upon by the parties. If after the informal discussion has concluded and the violation still exists, after seven (7) working days the grievant may utilize the formal grievance procedure. The grievant must initiate the grievance within seven (7) working days of the informal discussion. The grievant may choose to have an Association representative present during the informal discussion. It is the intention of the parties that the Level I Grievance Hearing shall not be an exact repeat of the Informal Grievance Hearing. The Level I Grievance Hearing will be waived if the same Administrator who conducted the unresolved Informal Grievance Hearing, would under normal circumstances, be the same individual conducting the Level I Grievance Hearing.
2. Formal Grievance:
   1. Level I: A copy of the grievance shall be forwarded by the grievant to the Superintendent and to the Association at the same time the grievance is filed with the supervisor. The supervisor shall meet with the grievant and their representative(s). Such meeting shall require at least seven (7) working days’ notice and shall be held within seven (7) working days of the date of filing the formal grievance. The supervisor shall furnish their written disposition of the grievance to the grievant within seven (7) working days of the meeting and shall furnish a copy thereof to the grievant, the Superintendent, and the Association.
   2. Level II: If the grievant is not satisfied with the disposition of the grievance, or if no disposition has been made within the time limits as specified in Level I, the grievant may submit the same grievance to the Superintendent within seven (7) working days of the date of disposition or the expiration of the time limits for a disposition. The Superintendent shall meet with the grievant and their representative(s) within seven (7) working days of the date of filing. The Superintendent shall furnish their written disposition of the grievance to the grievant within seven (7) working days of such meeting and shall furnish a copy thereof to the supervisor and to the Association.
   3. Level III: In the event the grievant is not satisfied with the disposition of the grievance at Level II, or if no disposition has been made within the time limits as provided in Level II, the grievant, with approval from and representation by the Association, may submit the grievance to arbitration in accordance with the rules of the American Arbitration Association. Submission of a grievance to arbitration shall be initiated by the grievant, their counsel or by their designated Association representative, by filing a written request with the American Arbitration Association and with the Superintendent within ten (10) working days of the date of the Level II disposition of the grievance or the expiration of time limits for a disposition. The disposition of the grievance made by the arbitrator shall be binding on both parties; providing that the arbitrator shall have no power to add to, subtract from, modify, or otherwise alter the terms of the collective bargaining agreement. The grievance may be settled while the arbitration procedure is pending.
3. Confidentiality: All meetings and hearings under the grievance procedure shall be held in private and shall include only such parties, their representatives, and witnesses. Arbitration hearings shall be in public.
4. Release from Work: Grievances shall be processed during times which do not interfere with the grievant’s assigned duties, unless the parties agree otherwise. Temporary duty, without loss of pay, shall be granted to employees whose attendance is essential when grievance meetings are held during working hours.

4.05 – Disposition: The date of disposition shall be defined as the date on which the supervisor delivers the written disposition to the grievant if hand delivered in person; or the date of postmark in those instances where delivery is by mail; or the date upon which the document is faxed to the grievant or their representative; or the date upon which the document is delivered by electronic mail to the grievant or their representative.

1. Records: No records of a grievance shall be filed in an employee’s personnel file.
2. Adjustments: The adjustment of any grievance shall be consistent with the articles of this Agreement.