Article 19 - Grievance Procedure

19.0 PURPOSE:

To provide an orderly procedure for reviewing and resolving grievances promptly.

For alleged violations of District policy, refer to District Complaint Policy.

19.1 DEFINITIONS:

19.1.1 Grievance:

A formal written allegation by a grievant that the grievant has been adversely affected by a violation of a specific article, section or provision of this Agreement.

"Grievance," as defined in this Agreement, shall be brought only through this procedure.

19.1.2 Grievant:

Any member of the bargaining unit covered by the terms of this Agreement.

The United Faculty may bring grievance, itself, when an alleged violation of this Agreement has occurred but no specific member of the unit has been aggrieved.

19.1.3 Day:

A "day" (for purposes of this Grievance Article) is any day in which the central administrative office of the Contra Costa Community College District is open for business.

19.1.4 Immediate Supervisor:

The immediate supervisor is the first (1st) District-designated supervisor or manager not within the same bargaining unit having immediate jurisdiction over the grievant.

19.2 TIME LIMITS:

19.2.1

Grievant who fails to comply with the established time limits at any step shall forfeit all rights to further application of this grievance procedure relative to the grievance in question.

19.2.2

District failure to respond within established time limits at any step entitles the grievant to proceed to the next step.

19.2.3

Time is of the essence in all processing of grievances.

19.2.4

Timeline for filing begins with date of act or occurrence giving rise to the grievance or date the United Faculty or grievant could reasonably have known of the act or occurrence.

19.3 OTHER PROVISIONS:

19.3.1 Member Legal Rights:

Nothing contained herein shall deny to any member his/her rights under state or federal constitutions and laws. No probationary member may use this grievance procedure in any way to appeal discharge or a decision by the Board not to renew his/her contract. No tenured member shall use this grievance procedure to dispute any action of the Board that complies with state law. No member shall use this grievance procedure to appeal any decision of the Board or the Administration if such decision is applicable to a state or federal regulatory commission or agency.

19.3.2 United Faculty Representative:

The grievant may be represented by a designee of the United Faculty at any step of this grievance procedure. Neither the Board nor its representatives shall meet with any person acting as the representative of any employee group other than the United Faculty on matters subject to this grievance procedure. The District shall submit to the United Faculty copies of any formal written grievance within two (2) days of its filing.

19.3.3 Grievance Processing - Limits:

Any grievance or alleged grievance occurring during the period between the termination date of this Agreement and the effective date of a new Agreement shall be processed under this grievance procedure. Any grievance that arose prior to the effective date of this Agreement shall not be processed under this procedure. Any grievance or alleged grievance which occurred or is alleged to have occurred more than twenty (20) days prior to submission at Level I with the college president, or designee shall not be processed by the District.

19.4 PROCEDURAL STEPS:

19.4.1 Level I:

19.4.1.1

Within twenty (20) days of the time an alleged grievance is said to have occurred, the grievant shall submit the grievance on the appropriate form (Appendix C attached) to the college president or designee. The employee shall have discussed the grievance informally with the College President or designee within the twenty (20) days.

19.4.1.2

The college president, or his/her designee, shall communicate the decision to the grievant, in writing, within fifteen (15) days of receiving the appeal grievance. Either the grievant, the college president, or his/her designee, may request a personal conference within the above time limits. Any meeting shall be by mutual agreement.

19.4.2 Level II:

19.4.2.1

If the grievant is not satisfied with the decision at Level I, he/she may appeal the decision, in writing, within fifteen (15) days to the Chancellor, or designee.

19.4.2.2

The appeal shall include a copy of the original grievance and appeal with the decisions rendered, and, the reasons for the appeal.

19.4.2.3

The Chancellor, or designee, shall communicate the decision, in writing, to the grievant within fifteen (15) days. Either the grievant, the Chancellor (or designee) may request a personal conference within the above time limits. Any such meeting shall be by mutual agreement.

19.4.3 Level III:

19.4.3.1

If the grievant is not satisfied with the decision at Level II, the grievant may request, in writing, within fifteen (15) days, that the United Faculty submit the grievance to arbitration.

19.4.3.2

The United Faculty, by written notice to the Chancellor within fifteen (15) days of the grievant's request, may submit the grievance to arbitration.

19.4.3.3

The parties shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request a list from the California State Mediation and Conciliation Service. Selection of the arbitrator shall be made by alternate striking of names until only one name remains. The party to strike first shall be determined by lot.

19.4.3.4

Arbitration proceedings shall be conducted by the arbitrator under the Voluntary Labor Arbitration Rules of the American Arbitration Association.

19.4.3.5

The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement.

19.4.3.6

Following the conclusion of the hearing, the arbitrator shall prepare a report containing findings of fact, reasoning, and recommendations on the issue(s) submitted. The arbitrator shall send copies of the report to the United Faculty and the Chancellor or designee.

19.4.3.7

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

19.4.3.8

If any question arises as to the arbitrability of the grievance, the question must be ruled upon by the arbitrator prior to proceeding with the grievance.

19.4.3.9

If the arbitrator rules that the grievance is not arbitrable, the grievance shall be dismissed.

19.4.3.10

If the arbitrator rules that the grievance is arbitrable, the grievance shall proceed to a hearing on the merits.

19.4.3.11

After receipt of the arbitrator's report, the Board shall meet and render a final decision. The Board's final decision shall be made no later than forty (40) days after receipt of the arbitrator's report. Copies of the final decision shall be sent to the United Faculty and the Chancellor.

19.4.3.12

The decision of the arbitrator shall be advisory.