Definitions
12.1.1 A “grievance” is a claim by a unit member that there has been a violation, misapplication, or misinterpretation of any of the provisions of this Agreement, except those provisions which clearly state they may not be grieved.
12.1.2 “Academic year” is the period commencing with the first contract day and ending on the day of commencement.
12.1.3 An “aggrieved person” or “grievant” is the unit member(s) adversely affected or the Association; however, the Association may only grieve the rights of the Association.
12.2 Purpose
12.2.1 The purposes of this procedure is to secure, at the lowest possible administrative level, equitable solutions to grievances.
12.2.2 Both parties agree that these proceedings will be kept as informal as may be appropriate at any level of the procedure.
12.2.3 The aggrieved person(s) may request that the Association represent them, but nothing contained herein will be construed as limiting the right of any unit member having a grievance to discuss the matter informally with any appropriate member of the administration, and to have the grievance adjusted without intervention by the Association, provided that such adjustment is not inconsistent with the terms of the Agreement and that the Association has been given a copy of the grievance and the proposed resolution, and has been given an opportunity to file a response.
12.2.4 Since it is important that grievances be processed as rapidly as possible, the time limits specified at each level should be considered to be maximum and every effort should be made to expedite the process. However, the time limits may be extended by mutual written agreement.
12.2.5 If a grievance is not processed by the grievant and/or the Association in accordance with the time limits set forth in this Agreement, it shall not be subject to further arbitration and shall be considered settled on the basis of the decision last made by the District. If the District fails to respond to the grievance within the time limit specified at each level, the failure to respond shall be deemed a denial of the grievance and termination of the level involved, and the grievant may proceed to the next step.
12.2.6 In the event a grievance is filed at such a time that it cannot be processed through all of the steps within this grievance procedure by the end of the academic year and, if left unresolved until the beginning of the following academic year, and if this delay could result in harm to an aggrieved person, the time limits set forth herein will be reduced so that the procedure may be completed prior to the end of the academic year, or as soon thereafter as may be agreeable to the grievant and the District.
12.3 Procedure
Level One
12.3.1 Within forty five (45) working days of the unit member’s discovery of the alleged violation, an aggrieved person will first discuss the grievance with the appropriate Dean and Vice President in that order, either individually or with the Association’s designated grievance representative with the objective of resolving the matter informally. Should the aggrieved person not have a Dean, the aggrieved shall begin the procedure with the Vice President. The highest level administrator seen will respond to the aggrieved person within a period of ten (10) working days.
12.3.2 Level Two
If the aggrieved person is not satisfied with the disposition of the grievance at Level One, the aggrieved person may file the grievance in writing, on the appropriate District form from the Office of the Superintendent/President, with the Superintendent/President of the College his/her designees within fourteen within fourteen (14) calendar days following the decision at Level One.
12.3.3 Within fourteen (14) calendar days after receipt of the written grievance by the Superintendent/President of the College, or the Superintendent/President’s designee, the Superintendent/President of the College or the Superintendent/President’s designee will meet with the aggrieved person, and if requested by the grievant, the President of the Association or the President’s designee, in an effort to resolve the grievance. The decision, including stated reasons for said decision, of the college Superintendent/President or the Superintendent/President’s designee, shall be presented to the grievant and the President of the Association in writing within seven (7) calendar days following the meeting at Level Two.
12.3.4 Level Three
If the aggrieved person is not satisfied with the disposition of the grievance at Level Two, or if no written decision has been rendered within seven (7) calendar days following the Level Two meeting with the Superintendent/President of the College or the Superintendent/President’s designee, the President of the Association or the President’s designee may, within an additional ten (10) calendar days, request in writing to the Superintendent/President or the Superintendent/President’s designee, that the grievance be submitted to arbitration. If any question arises as to the arbitrability of the grievance, such question shall be ruled upon by an arbitrator as a separate process prior to the hearing on the merits.
12.3.5 Submission to arbitration shall be made by the Association to the State Mediation and Conciliation Service. The parties shall then be bound by the rules and procedures of the State Mediation and Conciliation Service in the selection of an arbitrator and the arbitrator shall proceed under the rules of said service.
12.3.6 As soon as possible and in any event not later than fourteen (14) calendar days after the District receives the written notice of the aggrieved person’s desire to arbitrate, the parties shall attempt to agree upon an arbitrator. If no agreement is reached within said fourteen (14) calendar days, an arbitrator shall be selected from a list of seven (7) arbitrators supplied by the State Mediation and Conciliation Service by alternate striking of names until one name remains. The party who strikes the first name shall be determined by lot. If the arbitrator selected will not be available for the hearing within a reasonable period of time, not exceeding sixty (60) calendar days, the parties shall proceed to select another arbitrator from above list.
12.3.7 If the District claims that a grievance should be dismissed because it falls outside the scope of the procedure, or was filed or processed in an untimely manner, or that the grievance has become moot, or that a party has breached the confidentiality provisions, then such a claim shall, at the option of the District, be heard and ruled upon by an arbitrator prior to any hearing on the merits of the grievance, with a suitable stay/continuance between such a ruling and any further proceedings which the arbitrator deems necessary. If the District should choose to refuse to arbitrate a grievance, nothing in this Article shall preclude the aggrieved person from seeking, through appropriate administrative or judicial proceedings, to compel the District to proceed to arbitration.
12.3.8 The arbitration shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation of this Agreement in the respect alleged in the grievance. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other and upon arguments presented in briefs.
12.3.9 The arbitrator may hear and determine only one grievance at a time unless the District and the grievant(s) expressly agree otherwise. However, both parties will in good faith endeavor to handle in an expeditious and convenient manner cases which involve the same or similar facts and issues.
12.4 Arbitrator’s Decision
12.4.1 The arbitrator’s decision will be in writing and will set forth all findings of fact, reasoning and conclusions on the issues submitted. The arbitrator will be without power or authority to make any recommendation which requires the commission of act prohibited by law or which violates the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in the arbitrator’s decision such financial reimbursement or other remedies as is judged to be proper. The decision of the arbitrator will be submitted to the Board, the Superintendent/President of the College, the grievant, and the Association.
12.4.2 The decision of the arbitrator within the limits herein prescribed shall be final and binding upon all parties to this contract.
12.4.3 All fees and expenses of the arbitrator shall be shared equally by the parties. Each party shall bear the expenses of the presentation of its own case.
12.5 Rights of Unit Members to Representation
12.5.1 No reprisals of any kind will be taken by the Board, the Superintendent/President of the College, or by any member or representative of the administration of the College, against any aggrieved person, any member of the Association, or any other participant in the grievance procedure by reason of such participation.
12.5.2 The aggrieved person may represent him or herself at all stages of the grievance, and if requested by the grievant, the President of the Association or the Association President’s designee. The aggrieved person may not be represented by personal legal counsel in this local process.
12.6 Miscellaneous
12.6.1 If a grievance arises from action or inaction by the Superintendent/President, the aggrieved person shall submit each grievance in writing directly to the Superintendent/President of the College, the President or Chairperson of the Board, and may optionally notify the Association. The processing of such grievance shall be commenced at Level Two.
12.6.2 Time limits provided in each level shall begin at the expiration of the previous time limit or the day following receipt of written decision by the parties in interest.
12.6.3 Grievance meetings normally will be scheduled by the District so as not to conflict with classroom duties. However, if the meeting is expected to be of such duration that it would extend beyond the normal business hours of the District’s administrative office, the District shall provide released time with no loss of pay to the grievant, witnesses, and if requested, the President of the Association or the President’s designee, so that the session can be accommodated within such business hours. This shall constitute “reasonable periods of released time” within the meaning of Government Code 3543.1(c).
12.6.4 In order to encourage a professional and harmonious disposition of unit member’s grievances, it is agreed that from the time a grievance is filed until it is processed through arbitration, or decided to the mutual satisfaction of the grievant and the District, neither party shall make public either the grievance or evidence regarding the grievance.
12.6.5 All procedural documents, communications and records dealing with the processing of a grievance will be filed in a separate grievance file in the Office of the Superintendent/President and will not be kept in the personnel file of any of the participants. With approval of the Superintendent/President of the College or the Superintendent/President’s designee, the file may be opened, but only in the presence of the Association’s President or the President’s designee, except that the grievant may examine the grievant’s file at any time.
12.6.6 Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents will be prepared by the Superintendent/President of the College or the Superintendent/President’s designee.