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6.0 GRIEVANCE PROCEDURES

6.1	A grievance is defined as a statement that the District has violated section(s) of this Agreement and that by reason of any such violation, the grievant’s rights have been adversely affected.

6.1.1		A grievant may be any unit member or the Association.

6.2	All other matters and disputes of any nature are beyond the scope of these procedures.

6.2.1		For resolution of those matters outside of the scope of this Article, refer to information, Section IN. 3, Report of Recommendation/Concern.

6.3	If a grievance involves more than one unit member, then all should have the opportunity to sign and the Association may pursue the grievance. At least one of the grievants involved shall sign and be present at all conferences held.

6.4	The term “days” when used in this Article shall, except where otherwise indicated, mean duty days of the unit member. The day of receipt is not considered one of the days when “days” is used.

6.5	Monitor of Procedure – The Associate Superintendent, Human Resources shall monitor all proceedings and shall be available for procedural advice to all parties. The Monitor shall receive copies of written grievance(s) and responses at all levels.

6.6	The number of days as stated at each level should be considered as maximum, and every effort should be made to expedite the process.

6.6.1		An administrator or a grievant may for good cause request an extension of time for a conference, response, or an appeal. Such request shall state the reason for the extension in writing to the Associate Superintendent, Human Resource, who shall grant or deny the request, determine the extension time, and notify all parties of the decision rendered. The Associate Superintendent’s decision shall not be arbitrary or capricious or unreasonable.

6.7	Level One:

6.7.1		The unit member with a grievance shall first present the matter orally to the supervising administrator not later than fifteen (15) duty days following the occurrence which prompted the grievance or within fifteen (15) duty days of the time when the grievant would reasonably be expected to know that he/she has been adversely affected. Upon request, an additional ten (10) days may be granted by the Associate Superintendent, Human Resources.
		A. The grievant shall state that this is an “oral grievance,” citing the Article and section number of the Agreement that allegedly has been violated.
6.7.2		If the grievance is unable to be resolved orally, the grievant may reduce the grievance to writing on the approved District form, and present the completed form to the immediate supervising administrator with ten (10) duty days following the oral conference or oral response. The grievance shall set forth specifically the item contained with this Agreement upon which the grievance is based. It shall also contain the adverse effect on the grievant and suggested solution(s). The supervising administrator shall direct a copy of the grievance to the Associate Superintendent, Human Resources.
		A. If the Level I supervising administrator believes the grievance is not within the authority of Level I, he/she shall so indicate on the response form and return it and the original grievance form to the grievant.
6.7.3		The grievant and the supervising administrator shall confer (in a meeting called by the supervising administrator) on the grievance with the view to arriving at a mutually satisfactory solution to the problem.
		A. The supervising administrator may waive the conference. Such waiver shall be in writing to the grievant.
6.7.4		At the conference, the grievant may appear alone, or he/she may be represented. When the unit member is represented, the representative must be identified on the grievance form and the unit member must be present. Under unforeseen circumstances, an authorized substitute is permissible. Likewise, the supervising administrator must be present and may request others to be in attendance.
6.7.5.		Following the conference, the supervising administrator shall communicate, in writing on the District-approved form, the decision to the grievant, the Association, and the Associate Superintendent, Human Resources. The original grievance form shall be returned to the grievant.
		A. The supervising administrator has ten (10) duty days from receipt of the written grievance to hold the conference and render a decision.
6.7.6		If the alleged Agreement violation was based upon a decision or practice of a Deputy Superintendent or designee, the Level I procedures may be waived by the grievant and the grievance submitted directly to the appropriate Division Superintendent.
		A. If the Deputy Superintendent or designee believes the decision was in fact made at Level I, he/she may remand the grievance to that level for processing.
6.8	Level Two:

6.8.1		In the event the grievance is not sustained at Level I, the grievant may appeal in writing to the Associate Superintendent, Human Resources, or his/her designee. Such an appeal shall be made within ten (10) duty days after the unit member has received the decision from Level I. The appeal shall contain the original grievance and Level I response with any documents provided at Level I.

6.8.2		The Deputy Superintendent or designee shall meet and confer with the grievant on the grievance with a view to arriving at the mutually satisfactory resolution to the grievance. When the unit member is represented, he/she must be present.

6.8.3		The Level I supervising administrator(s) shall be present at the request of either party.

6.8.4		Following the conference, the Associate Superintendent, Human Resources or designee shall communicate the decision, in writing on the District-approved form, to the grievant, the Association, and the supervising administrator(s). The original grievance form shall be returned to the grievant
		A. The Associate Superintendent, Human Resources or designee has fifteen (15) duty days from receipt of the written appeal to hold the conference and render a decision.
6.8.5		The designee shall not be any other administrator from the Human Resources division.

6.9	Level Three:

6.9.1		If the grievance is not sustained at the Level II, the grievant may appeal the decision in writing to the Superintendent of Schools or designee within (10) duty days after the decision of the Division Superintendent has been received by the grievant. The appeal shall be accompanied by the original grievance and decisions at Level I and Level II, with all accompanying documents. Copies of the appeal are to be directed to the Associate Superintendent, Human Resources.

6.9.2		Within fifteen (15) duty days of the receipt of the appeal, the Superintendent or his/her designee (a Cabinet-level administrator) shall hold a conference and communicate the decision, in writing on the District-approved form, to the grievant, the Association, the Level I and Level II administrators and the Associate Superintendent, Human Resources. If the unit member is represented, he/she must be present. The original grievance form shall be returned to the grievant.

6.9.3		All parties from Levels I and II shall be present at the conference to state their views if requested by either party.

6.9.4		The Superintendent’s designee shall not be the Associate Superintendent, Human Resources or other administrator from the office of Human Resources

6.10	Arbitration:

6.10.1		If the grievance is not sustained at Level III, the grievant, within ten (10) days of the receipt of the Level III response, may request, in writing, that the Association submit the grievance to arbitration.

6.10.2		If the Association concurs with the grievant’s request for arbitration, the Association shall, within fifteen (15) duty days of the receipt of the request, submit a written request to the Superintendent or his/her designee for arbitration of the grievance.

6.10.3		If any question arises regarding the arbitrability of the grievance, the party raising the question of arbitrability may, upon request, have such question first ruled upon and decided by an arbitrator prior to any other hearing on the merit of the grievance which would thereafter be conducted by a second and different arbitrator.
		A. The fees and expenses of the separate arbitrator deciding the issue of arbitrability shall be borne by the losing party.
6.10.4		The arbitrator shall be selected by mutual agreement by a representative of the Association and of the District. If no agreement can be reached on a mutually-selected arbitrator within five (5) duty days of the written request (6.10.2 above), the parties shall request of the State Conciliation Service a list of seven (7) names of persons experienced in hearing grievances. Each party shall alternately strike a name until only one remains. The first strike shall be by the Association.

6.10.5		Costs of Arbitration:
		A. The District and the Association shall share equally in the payment for the services and expenses of the arbitrator. All other expenses shall be borne by the party incurring them.
6.10.6		Powers and Limitations of the Arbitrator:
		A. The function of the arbitrator shall be to hold a hearing concerning the grievance and to render a written decision within twenty (20) duty days, if possible, after the closing of the hearing and, in any event, as soon as possible thereafter.
		B. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement or the written policies, rules, regulations and procedures of the District but shall determine only whether or not there has been a violation, misinterpretation, or misapplication of this Agreement.
		C. The arbitrator shall not be empowered to render a decision on issues not before the arbitrator or on facts not supported by the evidence.
		D. The decision of the arbitrator shall be based solely upon the evidence and arguments presented by the parties in the presence of each other and upon arguments presented in briefs.
		E. Decisions and/or awards made by the arbitrator relative to economics shall be restricted to back pay, if appropriate, of the unit member and shall not be retroactive beyond the beginning of the last payroll period prior to the filling of the grievance.
		F. The decision of the arbitrator, within the limits herein prescribed, shall be final and binding upon the grievant, the Association, and the District.
6.11		General Provisions:

6.11.1		No reprisals of any kind shall be taken by any party to this procedure against any party, any witness, any representative, or any other participant in the grievance procedure by reason of such participation.

6.11.2		Forms for filing and processing grievances and other documents necessary under the procedure shall be prepared by the Human Resources Division with input from the Association and given appropriate distribution so as to facilitate operation of the grievance procedure. All documents, communications, and records dealing with the processing of grievances shall be filed in the office of Human Resources separately from the personnel file of the participants.

6.11.3		Failure at any Level of this procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved unit member to proceed to the next level.

6.11.4		Failure at any step of this procedure to appeal a grievance to the next level within the specified time limits shall be deemed as acceptance of the decisions as rendered.

6.11.5		All communications, notices, and papers required to be in writing shall be served personally, by U.S. Mail, or through District mail system.

6.11.6		If the alleged grievance is not signed, or if the unit member fails to appear for a scheduled conference without good cause, the grievance shall be deemed forfeited and voided.

6.11.7		Representative(s) may be changed at any level of the grievance.

6.11.8		If the Association is not the representative, the District shall not agree to a resolution of the grievance until the Association has received a copy of the grievance and the proposed resolution and has been given an opportunity to file a response.

6.11.9		Reasonable non-instructional released time for the grievant and representative shall be granted upon request of the Associate Superintendent, Human Resources
		A. Under unusual circumstances and/or when necessary to adhere to time lines within this Agreement, instructional time may be granted.
6.11.10		Pre-grievance Roundtable Meetings shall be held twice a month with two (2) representatives from the Association (one of which will be the SAEA Contract Maintenance Officer/Grievance Chair or SAEA President designee) and two (2) representatives from the District (one of which will be the Associate Superintendent of Human Resources or designee). The meetings will focus on working collaboratively to resolve and prevent grievances.

.: CBA – Article VI – Grievance Procedures :.