Collective Bargaining Agreement |

2015-2016

5.1

The purpose of this Article is to provide a procedure for the resolution of such problems as may arise involving the interpretation, application, or violation of this Agreement.

5.2

Definitions

 

5.2a

A Grievance is a written allegation that there has been a violation, misinterpretation, or misapplication of this Agreement.

 

5.2b

A Grievant is an employee, or the Association, filing the grievance.

 

5.2c

A Workday, for the purposes of this Article, is a day when schools in the District are in session, excluding Saturdays, Sundays, and Summer Session.

5.3

Protocol

 

5.3a

A grievant may seek to resolve a grievance without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.

 

5.3b

No grievance shall be resolved before the Association has been given the opportunity to submit a formal response.

 

5.3c

The Association will pursue an employee's grievance only at the employee's request.

 

5.3d

Time limits specified in this Article are maximums unless extended by mutual agreement.

For the purpose of expediting a grievance, the workday (5.2c) shall be converted to a calendar weekday, excluding holidays, under the following circumstances

  • The grievance is filed with less than twenty-five (25) workdays remaining in the school session, and;

  • The grievant requests calendar weekdays.

 

5.3e

A grievance must be filed within thirty (30) workdays of the event which gave rise to the grievance.

 

5.3f

Forms for filing grievances shall be mutually acceptable to the District and the Association.

 

5.3g

The District and the Association agree to conduct these proceedings confidentially and may mutually agree to conduct these proceedings informally.

 

5.3h

Grievances involving administrators other than the employee1s immediate supervisor, or affecting more than one employee, may be filed directly with the Office of Personnel Services and with the Association.

 

5.3i

If the grievant fails to comply with the terms set forth in this procedure, the grievant will be deemed to have waived the right to proceed with the grievance.

5.4

Procedural Steps

 

5.4a

Preliminary Level. Before filing a grievance, an employee, the designated Association representative, or both may first discuss the problem informally with the immediate supervisor and/or any other appropriate administrator to attempt an informal resolution.

 

5.4b

Level One. A grievance shall first be filed with the immediate supervisor and with the President of the Association on the grievance form. Within ten (10) workdays after the receipt of the grievance, the immediate supervisor shall have met with the grievant and issued a decision in writing.

 

5.4c

Level Two. If the immediate supervisor does not comply with the terms of Level One, or the grievant is dissatisfied with the decision, the grievant may, within five (5) workdays, file the grievance with the Office of Personnel Services. Within five (5) workdays after receipt of the grievance, the Assistant Superintendent, Personnel Services, shall have met with the grievant and issued a decision in writing.

 

5.4d

Level Three. If the Assistant Superintendent, Personnel Services. does not comply with the terms of Level Two, or the grievant is dissatisfied with the decision, the grievant may, within five (5) workdays, file the grievance with the Office of the Superintendent. Within five (5) workdays after receipt of the grievance, the Superintendent shall have met with the grievant and issued a decision in writing.

 

5.4e

Level Four. If the Superintendent does not comply with the terms of Level Three, or the grievant is dissatisfied with the decision, the grievant may, within five (5) workdays, request in writing that the grievance be submitted to arbitration.

5.5

Arbitration

 

5.5a

The District and the Association shall choose a mutually acceptable arbitrator within ten (10) days of the receipt of a written request for arbitration. If no choice has been made after the first five (5) days, they shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one (1) remains. The order of striking shall be determined by lot.

 

5.5b

Upon the completion of a hearing, the arbitrator shall report findings and awards in writing to the District and to the Association. The award of the arbitrator shall conform to the laws of the State of California and to the terms of this Agreement. Financial awards will be limited to the current fiscal year. In the event that a grievance is filed in September, the past fiscal year may be considered in the final award.

 

5.5c

After receiving the findings and awards from an arbitrator, the Board shall, at its next regularly scheduled meeting, issue a resolution to implement the award. If the Board fails to implement the award of an arbitrator, the grievant may appeal to a court of competent jurisdiction to confirm the arbitrator's award.

 

5.5d

The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association. All other costs will be borne by the party incurring them.

5.6

Rights of Employees to Representation

 

5.6a

A grievant may choose to be his/her own representative at any step of the grievance procedure, except arbitration.

 

5.6b

A grievant may choose to be represented at any step of the grievance procedure by the Association or its designee.

 

5.6c

If the grievant is not represented by the Association or its designee, the Association shall have the right to be present and to state its recommendation at any step of the grievance procedure.

 

5.6d

Any employee whose participation is necessary in a grievance proceeding held during the regular school day and who has been designated by the President of the Association, shall be released for that purpose without loss of pay. provided that the employee's immediate supervisor has been notified. The District shall provide and pay for substitutes necessary for this purpose, within the allocated number of days.

 

5.6e

No reprisals of any kind will be taken by the District or any representative of the  District against  any grievant, any party in interest, any member of the Association, or any participant in any grievance proceeding, by reason of such participation.

 

 

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Our Mission Statement:
"GGEA is an association of educators who advocate for the well-being of our membership and the students we serve."

Our Mission Statement:
"GGEA is an association of educators who advocate for the well-being of our membership and the students we serve."

Our Mission Statement:
"GGEA is an association of educators who advocate for the well-being of our membership and the students we serve."

Our Mission Statement:
"GGEA is an association of educators who advocate for the well-being of our membership and the students we serve."