ARTICLE 8: GRIEVANCE POLICY
DEFINITIONS
grievance - a claim by an employee that there has been an alleged violation,
misapplication, or a misinterpretation of the specific provisions of this contract
covering the employees in the unit.
employee - any person or group of persons employed by the Atwater Elementary
School District.
grievant - a district employee in the unit covered by this agreement who is
filing a grievance.
advisor - any person requested by the administrator hearing the grievance.
supervisor - the administrator or his/her designee having immediate jurisdiction
over the matter which gave rise to the grievance.
working day - a day is any day in which the central administration office is
open for business.
Joint Resolution Team (JRT): A team of two (2) Association representatives
and two (2) management representatives who have been trained in the Interest
Based problem solving process. Their role is to facilitate the meeting(s) between
the grievant and the superintendent/designee at Step 4 by developing the issue,
interests, and options.
8.2 STEP 1: Informal: (Verbal with Immediate Supervisor)
The purpose of this procedure is to secure, at the lowest possible administrative
level, equitable solutions to problems arising from interpretation, meaning
or application of the Agreement. Any unit employee may discuss any problem
in a private conference with his/her supervisor. This shall be arranged by
the supervisor at a mutually convenient time. An Association Representative
may be present on behalf of the grievant. In the event that a problem becomes
a grievance, this step is required.
8.3 STEP 2: Formal (Written with Immediate Supervisor)
The grievant shall present a written grievance to his/her supervisor and to
the recognized employee organization.
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8.3.1
The grievance shall be on the form provided by the District. The information
provided on the form will be the basis for the response to the grievant (see
Appendix).
8.3.2
The written grievance must be presented within thirty (30) working days after
the grievant knows, or reasonably should have known, of the occurrence which
gives rise to his/her claim.
8.3.3
Either party may request a personal conference within three (3) working days
of the receipt of the grievance by the supervisor. An Association representative
may be present on behalf of the grievant.
8.3.4
If a conference is requested, such conference will be held within five (5)
working days of such request, to be arranged by the supervisor at a mutually
convenient time. The supervisor shall present his/her response in writing
to the grievant within five (5) days of the conference.
8.3.5
If a conference is not requested, the supervisor shall present his/her response
to the grievant in writing within eight (8) working days of receipt of the
grievance.
8.3.6
If no decision is received within the appropriate time limit, the grievant
may present the original grievance as if it were an appeal to Step 3.
8.4 STEP 3: (Formal - Written to Superintendent/designee):
In the event the grievant is not satisfied with the supervisor's response,
the grievant may appeal the answer on the form provided by the District to
the Superintendent/designee within five (5) working days after receiving the
response from Step 2.
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8.4.1
A conference shall be held between the Superintendent/designee and the grievant
within five (5) working days of the Step 2 appeal. This conference shall
be arranged by the Superintendent/designee at a mutually convenient time.
8.4.2
The Superintendent/designee shall present his/her response to the grievant
in writing within five (5) working days of the date of the conference.
8.5 STEP 4: (Formal- Joint Resolution Team):
If the grievant is not satisfied with the decision at Step 3, the grievant
may present the grievance in writing, on the appropriate form, to the JRT
within five (5) days of receiving the decision from STEP 3.
8.5.1
The written form shall contain a clear, concise statement of the grievance,
the circumstances involved, and a copy of the Superintendent/designee’s
response at STEP 3.
8.5.2
The JRT shall review and clarify the dispute with the grievant and the superintendent/designee
utilizing the problem solving process (Problem/Issue, Interests, Options,
and Criteria). The JRT shall have ten working days in which to attempt to
achieve consensus agreement.
8.5.3
If agreement is not reached, the option(s) developed by the JRT will be presented
in writing to the Superintendent by the Association’s representatives
on the JRT. The Superintendent shall have five (5) working days in which to
provide a decision to the grievant.
8.5.4
If the grievant is not satisfied with the Superintendent’s decision,
he/she may appeal it in writing to the Association, within five (5) days, requesting
submission of the grievance to Step 5.
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8.6 STEP 5: (Arbitration):
If the Association proceeds to arbitration, it shall notify the District in
writing within fifteen (15) days of the grievant’s receipt of the Superintendent’s
decision. Within ten (10) days of such notification the Association and District
shall by mutual agreement select an arbitrator. If no agreement can be reached
within five (5) days of the above request for arbitration of the Association,
the parties shall request the California State Conciliation Service to supply
a list of five (5) names of persons experienced in Interest Based Dispute
Resolution in public schools. Each party shall alternately strike a name
until only one name remains. The order of striking shall be determined by
lot.
8.6.1
The arbitrator shall submit his/her written findings and award to both parties.
The award shall be final and binding, subject to established right of judicial
review.
8.6.2
If any question arises regarding the arbitratibility of a dispute, the arbitrator
shall make a determination of this issue prior to stating his/her award on
the merits of the dispute.
8.6.3
The fees and expenses of the arbitrator shall be borne equally by the employer
and the Association. If transcripts are requested by only one party, that party
shall incur the expense. All other expenses shall be borne by the party incurring
them. If either or both parties request transcripts, a copy shall be provided
for the arbitrator.
8.7 General Provisions
8.7.1
The grievant must be personally present at each Step of the grievance procedure.
8.7.2
The presence of advisors may be requested at any stage of the procedure by
the administrator hearing the grievance. The grievant shall have an Association
representative upon request at any stage of the procedure.
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8.7.3
All conferences and investigations by, or on behalf of, the grievant pursuant
to this procedure, shall be conducted outside of the time the grievant is responsible
for students.
8.7.4
Upon reaching Step 5 the grievant may have up to two days of release time for
preparation and processing of arbitration.
8.7.5
Time limits provided for at each Step shall begin the day following receipt
of the grievance, grievance appeal or written decision. The date of receipt
of each writing required shall be determined as follows: The days such writing
is personally delivered to the recipient, or two (2) days after such writing
is deposited in the United States certified mail, addressed to the recipient
at last known address. Since it is important that grievances be processed as
rapidly as possible, the time limits specified at each Step should be considered
to be maximums and every effort should be made to expedite the process. The
time limits may, however, be extended by mutual agreement.
8.7.6
All parties to the grievance will make available to other parties involved,
all pertinent information, not privileged under law in its possession or control,
which is to the issues raised by the grievance.
8.7.7
Except as indicated below, administrators hearing the grievance at each Step
have the right to determine all procedural issues of the grievance. At each
Step, administrators may make findings independent from lower level decisions.
8.7.8
If an administrator hearing a grievance denies the grievance for procedural
reasons, the grievant may only appeal the procedural issue. If on appeal, the
procedural decision is reversed, the appeal may be returned to the administrator
originally making the procedural decision to be judged on the merits of the
case.
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8.7.9
Hearings held under this procedure shall be conducted at a time and place which
will afford a fair and reasonable opportunity for all persons entitled to be
present to attend. Such hearing shall be conducted during non-classroom hours,
unless there is mutual agreement for other arrangements. The District and the
grievant are responsible for the payment of their own representatives and witnesses
involved in any grievance meetings.
8.7.10
Nothing contained herein shall deny to any employee his/her rights under state
or federal constitution and laws.
8.7.11
If the same grievance or substantially the same grievance is made by more than
one employee, only one employee on behalf of himself/herself and the other
grievant may process the grievance through this procedure. Names of all parties
in the grievance shall appear on all documents related to the processing of
the grievance.