Section 1. Definitions

A "grievance" is a formal written allegation by an individual or the Federation that he or she has been adversely affected by a violation, misinterpretation, or misapplication of the specific provisions(s) of the Agreement.

A "grievant" may be any Federation bargaining unit employee or the Federation covered by the terms of this Agreement. Any employee may at any time present grievances to the District and have such grievances adjusted, without the intervention of the Federation, as long as the adjustment is not inconsistent with the terms of this Agreement.

A "day" is any day in which the regular Adult School Program is open for business; either party shall be granted a waiver of the days in summer, winter and spring recess if requested. Time limits provided in each level shall begin the day following receipt of the written decision. Time limits should be viewed as maximums in an effort to effect speedy resolution of issues; however, time limits may be extended by mutual agreement.

The "immediate supervisor" is the lowest level manager having immediate jurisdiction over the grievant and who has been designated to adjust grievances and who has authority to resolve the grievance.

A "group grievance" is a joint grievance, which may be filed, provided each grievant signs the grievance.

A "class grievance" is a grievance where the parties to the Agreement have mutually agreed that one employee may grieve on behalf of all allegedly affected employees.

A "representative" shall be a member of the Federation who is not a party to the grievance, chosen by the grievant to advise or represent the grievant. A grievant may have a Federation representative present at all stages of the grievance procedure.

Section 2. General Provisions
A grievant has the right to choose a representative from the Federation. Once a representative has been chosen by the grievant, the representative has the right to be present at all grievance related meetings with the grievant.

No reprisals will be taken by any members or representative of the District or the Board against any participant in the grievance procedure by reason of such participation.

If a grievance arises out of action or inaction at a level above the immediate supervisor, the grievant shall submit the grievance at the next appropriate level.

Grievance documents shall be filed in a separate grievance file in the Adult School Office and shall be considered confidential.

Persons reviewing the grievance shall have no power to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, regulations and procedures of the District.

The District will inform the Federation in writing of the resolution of all grievances provided that the District shall not agree to a resolution of the grievance unless the exclusive representative has previously received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response.

Section 3. Informal Level

The grievant shall attempt to resolve a grievance by an informal conference with his or her immediate supervisor before filing a formal written grievance.

Section 4. Formal Level

Level I
The grievant must present his or her grievance in writing on the appropriate form to his or her immediate supervisor not more than fifteen (15) days after the grievant reasonably could have known of the occurrence of the act or omission giving rise to the grievance.

This statement shall be a clear, concise statement of the grievance, the specific section(s) of this Agreement alleged to have been violated, the circumstances involved, the decision rendered at the informal conference, and the specific remedy sought.

Copies of all written grievance documents by both the grievant and the supervisor shall be forwarded by the receiving supervisor to the Adult School Director's office for this level and any further levels to which appeal may be made.

The supervisor shall communicate his or her decision in writing to the grievant within ten (10) days after receiving the grievance.
Upon the request of either the grievant or the immediate supervisor, a conference shall be held within the above time limits.

Level II
In the event the grievant is not satisfied with the decision at Level I, or if no written decision has been rendered within ten (10) days after presentation of the grievance, the grievant may appeal to the Director of Adult School. The appeal must be in writing and must be filed not more than ten (10) days after receipt of the Level I decision, or not later than ten (10) days after the last date on which a Level I decision would have been timely.

This appeal statement shall include a copy of the original grievance, the decision rendered, if any, and a clear, concise statement of the reasons for the appeal, as related to the alleged specific contract violation(s).
The Director shall communicate his or her decision in writing within the ten (10) days after receiving the appeal. Upon the request of either the grievant or the Director, a conference shall be held within the above time limits.

Level III
If the grievant is not satisfied with the decision at Level II, or if no written decision has been rendered within ten (10) days after presentation of the grievance at Level II, the grievant may appeal to the Superintendent. The appeal must be in writing and must be filed not more than ten (10) days after receipt of the Level II decision, or if no Level II decision was received, not more than ten (10) days after the last date on which a Level II decision would have been timely.

This appeal statement shall include a copy of the original grievance and appeal at each level, the decisions, if any, rendered at each level, and a clear, concise statement of the reasons for the appeal.

The Superintendent or Superintendent's designee shall communicate a decision in writing within ten (10) days after receiving the appeal. Upon the request of either the grievant or the Superintendent or Superintendent's designee, a conference shall be held within the above time limits.

Level IV
If the grievant is not satisfied with the decision at Level III, or if no written decision has been rendered within ten (10) days after presentation of the grievance at Level III, the grievant may ask the Federation to proceed to advisory arbitration of the grievance.

The Federation shall notify the Superintendent of its final decision to submit the grievance to advisory arbitration. The parties shall then select a mutually acceptable arbitrator, or, if they are unable to agree on an arbitrator within ten (10) days after the Federation's notice to the Superintendent, a selection shall be made from a list of five (5) names provided by the American Arbitration Association.

Commencing with the grievant, the parties shall alternately strike names until only one remains. Each side will bear its own costs and attorneys' fees. The parties will each pay one-half the arbitrator's fee and the court reporter's fee, if any. The decision of the arbitrator will be advisory to the District's Board of Trustees.

Level V
If either party is not satisfied with the arbitrator's decision, that party may, within fifteen (15) days following the decision, request in writing review by the Board of Trustees, whose decision shall constitute an exhaustion of administrative relief, subject to review by a court of competent jurisdiction. If the Board of Trustees does not take action within thirty (30) calendar days, the decision of the arbitrator shall stand as the decision of the Board. In either case, the actions and/or decision of the Board shall be final.