12.1 - Definitions

            12.1.1 A "grievance" is a formal written allegation by a Member of the Bargaining Unit, a group of Members of the Bargaining Unit, or the Association that he, she, or it has been adversely affected by a violation, misapplication, or misrepresentation of the specific provisions of this Agreement.  Actions to challenge or change the policies of the District, as set forth in the rules and regulations or administrative regulations and procedures of this District, are not within the scope of this procedure.

            12.1.2 A "day" for the purpose of filing or processing grievances is a day in which the central administrative office of the District is open for business.

            12.1.3 The "Immediate Supervisor" is the administrator having immediate jurisdiction over the grievant or one who has been designated by the District to adjust grievances.  The District Superintendent will designate the "Immediate Supervisor" if this is not clearly understood.

            12.1.4 A "grievant" may be any Member of the Bargaining Unit, group of Members of the Bargaining Unit, or the Association.  The Association may be a grievant as it relates to the alleged violation of the rights of the Association pursuant to the definition of a grievance in Section 12.1.

12.2    Informal Level

            Within fifteen (15) days after the occurrence of the act or omission giving rise to the grievance, and before filing a formal, written grievance, the grievant shall attempt to resolve it by informal conference(s) with the grievant's immediate supervisor.  If, within ten (10) days after the first meeting, the alleged violation is not resolved by informal conference(s), the grievant may submit a formal grievance to Level 1, Section 12.3.1.

12.3    Formal Levels

            12.3.1 Level 1 Immediate Supervisor

The grievant may present such grievance in writing on the grievant form to the Immediate Supervisor.  The grievance statement shall include a clear, concise description of the alleged violation, the specific article(s) and section(s) allegedly violated, the circumstances involved, and the specific remedy sought. The Immediate Supervisor shall communicate a decision to the grievant in writing within ten (10) days after receiving the formal, written grievance.  If the supervisor does not respond within the ten (10) day time limit, the grievant may appeal to the next level.  Within the ten (10) day time limit, either party may request and be granted a personal conference with the other party.

            12.3.2 Level 2 Superintendent

In the event the grievant is not satisfied with the decision rendered at Level 1, the grievant may appeal the decision, on the appropriate form, to the Superintendent or designated administrative officer within ten (10) days.  This statement shall include a copy of the original grievance, the decision rendered, and a clear, concise statement of the reasons for the appeal.  The Superintendent or designee shall communicate a written decision within ten (10) days after receiving the appeal.  Either the grievant or the Superintendent/designee may request a personal conference within the ten (10) day time limit. If the Superintendent or designee does not respond within the ten (10) day time limit, the grievant may appeal to the next level.

            12.3.3 Level 3  Board of Trustees

If the grievant is not satisfied with the disposition of the grievance at Level 2, or if no written decision has been rendered on or before the Level 2 decision deadline, within ten (10) days following such deadline the Association shall notify the Superintendent of its intent to submit the grievance on the appropriate form to the Board of Trustees.  This statement shall include a copy of the original grievance(s), the decision(s) rendered and a clear concise statement of the reason(s) for the appeal.  The Board of Trustees shall communicate its decision within thirty (30) days after the Superintendent receives the formal statement of appeal.  If the Board of Trustees does not respond within the thirty (30) day time limit, the grievant may request (on the appropriate form to the Superintendent) binding arbitration of the dispute.

            12.3.4 Level 4  Binding Arbitration

If the grievant is not satisfied with the decision or if the Board of Trustees (through the Superintendent) has not responded within the ten (10) day time limit, the grievant may, within ten (10) days, submit a request on the appropriate form to the Association for binding arbitration of the dispute.  The Association will notify the District of its intent to arbitrate (or not arbitrate).  Grievances shall be jointly submitted for binding arbitration and conducted according to the provisions of the Voluntary Labor Arbitration Rules of the American Arbitration Association (A.A.A.).  Both parties agree to request the list of five (5) arbitrators from the State Mediation and Conciliation Service.

                        12.3.4.1          The Association and District shall attempt to agree upon an arbitrator.  If no agreement can be reached within ten (10) days from the Association’s notification of submission to Arbitration, a joint request shall be made within five (5) days to the State Mediation and Conciliation Service requesting a list of five (5) arbitrators.

                        12.3.4.2          Within five (5) days of the receipt of the list of arbitrators the Association and District shall meet and will alternately strike names until one remains.  The remaining name shall be the selected arbitrator.  The order of striking shall be determined by lot.

                        12.3.4.3          The fees and expenses of the arbitrator and/or those ordered by the arbitrator shall be borne equally by the District and the Association.  All other expenses shall be borne by the party incurring them.

                        12.3.4.4          The grievant and the Association's representative shall be given release time to present the grievance in the arbitration hearing(s).  Member of the Bargaining Unit witnesses shall be provided release time to testify.  Repetitive testimony shall be limited to two (2) unit members.

                        12.3.4.5          Board members may attend arbitration hearings as observers, with notification to the Association prior to the day of the hearing.  All arbitration hearings shall be held within the District or at a place selected by mutual agreement.

12.3.4.6        The arbitration shall be limited solely to the interpretation

            and application of this Agreement to the precise issue(s)

            submitted for arbitration.  The arbitration shall not determine

any other issue(s).  The arbitrator shall have no power or authority to recommend or resolve any of the following:

                                    12.3.4.6.1       The dismissal of a tenured employee.

            12.3.4.6.2       The termination of service or failure to reemploy a

                                   probationary employee.

                                    12.3.4.6.3       The classification of an employee as probationary.

                                    12.3.4.6.4       The termination of services or failure to reemploy an

           employee in a position for which extra compensation

           is received.                                                             

                                    12.3.4.6.5       The content of the unit member's evaluation.

                                    12.3.4.6.6       The District's right to promulgate rules, policies or

                                                           procedures for the implementation of this Agreement.

12.3.4.7             The arbitrator shall be limited as follows:

                                    12.3.4.7.1       Where the District has made a judgement involving

the exercise of discretion, the arbitrator shall review such decision solely to determine whether the decision has violated the Agreement and shall not substitute the arbitrator's judgement for that of the District.  The intent is not to negate binding arbitration, but rather to force the arbitrator to stick to the Agreement.

                                    12.3.4.7.2       The arbitrator shall not add to, subtract from, amend,

modify, or alter any provisions or procedures contained in this  Agreement.

                                    12.3.4.7.3       The arbitrator shall not issue statements of opinion or

conclusions not essential to the resolution of the grievance issue(s) submitted.

                                    12.3.4.7.4       The arbitrator's award may include financial

reimbursement or other proper remedy, except fines, damages, or penalties.

                        12.3.4.8          The arbitrator's decision shall be in writing and shall set forth

                                                precise findings of fact, reasoning, and conclusions on the

grievance issues submitted.  The decision shall be final and binding on both parties.

12.4    If two or more persons have the same grievance(s), such persons may elect to

            consolidate the grievance.  The signatures of such persons must be present on

            the grievance form to indicate their election.  Decisions shall apply to all parties.

12.5    Until final disposition of a grievance takes place, the grievant is required to conform to the original direction of the supervisor, except in matters relating to the real and actual physical danger to the welfare of the grievant.

12.6    Miscellaneous

12.6.1      The District shall not agree to a resolution of a formal grievance until the Association has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response.

12.6.2      Nothing contained herein will be construed as limiting the right of any grievant to discuss a grievance informally with the immediate supervisor, or to have the grievance resolved, prior to Step 2 of binding arbitration, without intervention of the Association, provided that the resolution is not inconsistent with the terms of this agreement.  Any proposed resolutions at Levels 1 and 2 shall not be agreed upon by the District until the Association has been provided with a copy of the grievance, proposed resolution, and reasons thereof, and has been provided an opportunity to respond.

12.6.3      If a grievance arises from action or inaction on the part of a member of the administration at a level above the principal or immediate supervisor, the grievant may submit such grievance in writing to the Superintendent/designee directly and the processing of such grievance will commence at Level 2.  Failure to appeal a decision at any level within the specified time limit(s) finalizes the decision rendered at that level.

12.6.4      Since it is important that grievances be processed as rapidly as possible, the time limit(s) specified at each level should be followed completely and every reasonable effort should be made to expedite the process.  The time limit(s) may, however, be extended by mutual agreement.