Common use of Formal Level Clause in Contracts

Formal Level. Level I Within ten (10) days of the informal conference, the grievant must present his/her grievance in writing on the form prescribed by the District to the Principal/Superintendent. This statement shall be a clear, concise statement of the grievance, the specific section of the Collective Bargaining Agreement allegedly violated, the circumstances involved, the decision rendered at the Informal Level conference, and the specific remedy sought. Failure to file a formal grievance within specified time limits will invalidate the grievance. The Principal or Superintendent shall communicate his/her decision in writing within ten (10) days after receiving the grievance. Failure by grievant to appeal a decision within ten (10) days shall be deemed as acceptance of the decision. Level II - Mediation In the event the grievant is not satisfied with the decision at Level I, the Association may appeal the decision and request that the grievance go to Mediation by completing the prescribed form Appendix C and submitting it to the Superintendent or his/her designee, within ten (10) days after receipt of the Level I decision. Within five (5) days following the appeal, the Association shall so notify the California State Mediation and Conciliation Service (CSMCS). CSMCS shall schedule a mediation conference at the earliest possible date. Mediation conferences shall take place at a mutually convenient location and time. Each party shall designate its representatives for the mediation conference. There shall be one (1) person from each party designated as spokesperson for that party at the mediation conference. The mediator shall assist the parties in resolving the grievance. The mediator shall have the authority to meet separately with either party, but shall not have the authority to compel the resolution of the grievance. If, after due diligence, the mediator concludes resolution is not possible, the mediator shall notify both parties in writing. The cost, if any, of the mediator shall be borne equally by the District and the Association. If the grievance is not resolved satisfactorily to the Association through mediation, the Association, within ten (10) days of the final mediation meeting, may request binding arbitration. Level III - Binding Arbitration

Formal Level. 435 4.3.1 Level I Within ten (10) days of 436 In the event the grievant is not satisfied with the decision at the informal conference437 level, the grievant must present his/her may file at Level I of the formal level by presenting the 438 grievance in writing on the an appropriate District form prescribed by the District to the Principal/Superintendentimmediate 439 manager, or designee within twenty (20) days after the occurrence of the 440 act or omission giving rise to the grievance. Failure to present such TOC grievance within the time limits shall render the grievance null and void. This statement presentation shall be a clear, concise statement of the grievance, the circumstances involved, specific section provisions of the Collective Bargaining this Agreement allegedly violated, the circumstances involved, the decision rendered at the Informal Level informal conference, and the specific remedy sought. Failure to file a formal grievance within specified time limits will invalidate the grievance. The Principal immediate manager, or Superintendent designee, shall communicate his/her a decision to the grievant in writing within ten (10) days after receiving the written grievance. Failure by If the immediate manager, or designee, fails to respond within the time limit, the grievant may appeal to the next level and if the grievant fails to appeal a decision within ten (10) days shall be the specified time limit, the grievance is deemed as acceptance of the decisiondenied. Level II - Mediation In the event the grievant is not satisfied with the decision at Level I, the Association grievant may appeal the decision and request that the grievance go to Mediation by completing the prescribed on an appropriate District form Appendix C and submitting it to the Superintendent Vice President of Human Resources, or his/her designee, within five (5) days after the decision of the immediate manager. The appeal shall include a copy of the original grievance, the decision rendered, and a clear, concise statement of the reasons for the appeal. The Vice President of Human Resources, or designee, shall communicate a decision within ten (10) days after receipt receiving the appeal. If the Vice President of Human Resources, or designee, fails to respond within the time limit, the grievant may appeal to the next level and if the grievant fails to appeal within the specified time limit, the grievance is deemed denied. Level I decision. Within III In the event the grievant is not satisfied with the decision at Level II, the grievant may appeal the decision on an appropriate District form to the President/Superintendent, or designee, within five (5) days following after the appealdecision of the Vice President of Human Resources, or designee. The appeal shall include a copy of the Association shall so notify original grievance and the California State Mediation decision rendered, a copy of the first appeal and Conciliation Service (CSMCS). CSMCS shall schedule the decision rendered, and a mediation conference at clear, concise statement of the earliest possible date. Mediation conferences shall take place at a mutually convenient location and time. Each party shall designate its representatives reasons for the mediation conference. There shall be one (1) person from each party designated as spokesperson for that party at the mediation conferencesecond appeal. The mediator President/Superintendent or designee, shall assist the parties in resolving the grievance. The mediator shall have the authority to meet separately with either party, but shall not have the authority to compel the resolution of the grievance. If, after due diligence, the mediator concludes resolution is not possible, the mediator shall notify both parties in writing. The cost, if any, of the mediator shall be borne equally by the District and the Association. If the grievance is not resolved satisfactorily to the Association through mediation, the Association, communicate a decision within ten (10) days of after receiving the final mediation meetingappeal. If the President/Superintendent, or designee, fails to respond within the time limit, the grievant may request binding arbitrationappeal to the next level and if the grievant fails to appeal within the specified time limit, the grievance is deemed denied. Level III - Binding ArbitrationIV

Formal Level. Level I Within ten fifteen (1015) days of the informal conferenceoccurrence, or within fifteen (15) days after the date on which the grievant could reasonably have known of the occurrence of the act or omission giving rise to the grievance, the grievant must present his/her grievance in writing on the a properly completed District-provided form prescribed by the District to the Principal/Superintendentimmediate administrator. This statement The grievance shall be contain a clear, clear and concise statement of the grievance, including the specific section of the Collective Bargaining Agreement allegedly article(s) alleged to have been violated, the circumstances involved, the decision rendered at the Informal Level informal conference, and the specific remedy sought. Failure The grievance form shall bear a number which the grievant shall obtain by calling or going to file a formal grievance within specified time limits will invalidate the grievanceDistrict Human Resources Office prior to submitting the form to the immediate administrator. The Principal or Superintendent immediate administrator shall communicate his/her a decision to the grievant in writing within ten (10) days after receiving the grievance. Failure by If the Administrator does not respond within such time period, the grievant may appeal to appeal the next level. Within the foregoing time limits, either party may request a decision within ten (10) days shall be deemed as acceptance of personal conference to discuss the decisiongrievance. Either the grievant or the immediate administrator may have a conferee present at such a conference. Level II - Mediation In the event the grievant is not satisfied with the decision at Level I, the Association grievant may appeal the decision and request that the grievance go to Mediation by completing the prescribed form Appendix C and submitting it to the Superintendent or his/her designeeAssistant Superintendent, Human Resources, within ten (10) days after the immediate administrator delivers his/her response to the grievance. The xxxxxxxx must deliver a copy of the appeal statement to the employee's immediate administrator. This written appeal statement shall include a copy of the original grievance, the decision rendered at the previous level, and a clear, concise statement of the reasons for the appeal. Either the grievant or the Assistant Superintendent, Human Resources, may request a personal conference within the foregoing time period to discuss the grievance. Either party may have a conferee present at such a conference. The Assistant Superintendent, Human Resources, or his/her designee shall communicate a decision within ten (10) days after such a conference. Level III If the grievant is not satisfied with the decision at Level II, he/she may, within ten (10) days after a decision by the Assistant Superintendent, Human Resources, request in writing that the grievance be submitted to conciliation. If the grievant requests conciliation, the parties will, within ten (10) days after receiving the request, contact the California Conciliation Service and set a meeting with a Conciliator for as soon as possible for all parties. Level IV If the grievant is not satisfied with the result of Level III Conciliation, he/she may, within ten (10) days of the conclusion of Level III Conciliation, request in writing that the Association submit his/her grievance to arbitration. A copy of this request shall be given to the Assistant Superintendent, Human Resources. The Association, by written notice to the Assistant Superintendent, Human Resources, within fifteen (15) days after receipt of the Level I decisionrequest from the grievant, may submit the grievance to arbitration. Within If arbitration is requested, the grievant and the District shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request the California Conciliation Service to supply a panel of five (5) days following the appeal, the Association shall so notify the California State Mediation and Conciliation Service (CSMCS). CSMCS shall schedule a mediation conference at the earliest possible date. Mediation conferences shall take place at a mutually convenient location and timenames of persons experienced in hearing grievances in public school matters. Each party shall designate its representatives for the mediation conferencealternately strike a name until one name remains. There The remaining panel member shall be one (1) person from each party designated as spokesperson for that party at the mediation conferencearbitrator. The mediator order of the striking shall assist the parties in resolving the grievancebe determined by lot. The mediator shall have the authority to meet separately with either party, but shall not have the authority to compel the resolution fees and expenses of the grievance. If, after due diligence, arbitrator and the mediator concludes resolution is not possible, the mediator shall notify both parties in writing. The cost, if any, of the mediator hearing shall be borne equally by the District and the Association. All other expenses shall be borne by the party incurring them. The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to him/her. If the grievance is parties cannot resolved satisfactorily agree upon a submission agreement, the arbitrator shall determine the issues by referring to the Association through mediationwritten grievance and the answers thereto at each step. If any question arises as to whether or not the grievance can be arbitrated, the Association, within ten (10) days question will be ruled upon by the arbitrator prior to hearing the merits of the grievance. The arbitrator shall have no power to add to, subtract from or modify the terms of this Agreement or the written policies, regulations, and procedures of the District. After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to the Superintendent and the grievant his/her findings. If the arbitrator's findings do not require any outlay or transfer of District funds as a direct or indirect consequence, then the findings of the arbitrator shall be final mediation meetingand binding. If the arbitrator's findings require any outlay or transfer of District funds as a direct or indirect consequence, then the findings of the arbitrator shall only be advisory to the Board and if, upon review of the arbitrator's findings and recommendations, the Board of Trustees determines that it is unable to render a final determination on the record, it may request binding arbitrationreopen the record for the taking of additional evidence. Level III - Binding ArbitrationNothing in this section shall preclude any employee's right to resort to a court of law after exhaustion of the advisory arbitration procedure. 11/15/76; 10/2/78; 1/18/80; 10/30/85/ 9/16/86; 5/12/88; 2/3/92; 11/24/08

Formal Level. Level I Within ten thirty (1030) days after the occurrence of the informal conferenceact or omission giving rise to the grievance, the grievant must present his/her the unit member’s grievance in writing on the form prescribed by the District to the Principal/Superintendentunit member’s immediate supervisor. This statement shall be a clear, concise statement of the grievance, the specific section provision(s) of the Collective Bargaining Agreement allegedly alleged to have been violated, the circumstances involved, the decision rendered at the Informal Level informal conference, and the specific remedy sought. Failure to file a formal grievance within specified time limits will invalidate the grievance. The Principal or Superintendent supervisor shall communicate his/her the unit member’s decision to the unit member in writing within ten (10) days after receiving the grievance. Failure by If the supervisor does not respond within the time limits, the grievant may appeal to appeal a decision within ten (10) days shall be deemed as acceptance of the decisionnext level. Level II - Mediation In the event the grievant is not satisfied with the decision at Level I, the Association unit member may appeal the decision and request that the grievance go to Mediation by completing the prescribed form Appendix C and submitting it in writing to the Superintendent or his/her designeeappropriate administrator 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 appropriate administrator shall communicate the unit member’s decision within ten (10) days after receipt of the Level I decision. Within five (5) days following receiving the appeal, the Association shall so notify the California State Mediation and Conciliation Service (CSMCS). CSMCS shall schedule a mediation conference at the earliest possible date. Mediation conferences shall take place at a mutually convenient location and time. Each party shall designate its representatives for the mediation conference. There shall be one (1) person from each party designated as spokesperson for that party at the mediation conference. The mediator shall assist the parties in resolving the grievance. The mediator shall have the authority to meet separately with either party, but shall not have the authority to compel the resolution of the grievance. If, after due diligence, the mediator concludes resolution is not possible, the mediator shall notify both parties in writing. The cost, if any, of the mediator shall be borne equally by the District and the Association. If the grievance appropriate administrator does not respond within the time limits, the grievant may appeal to the next level. Level III If the grievant is not resolved satisfactorily to satisfied with the Association through mediationdecision at Level II, the Association, unit member may within ten (10) days appeal the decision in writing to the Superintendent/President or their designee, provided that their designee is not the same person as at Level II. This statement shall include a copy of the final mediation meetingoriginal grievance and appeal, may the decisions rendered and a clear, concise statement of the reasons for the appeal. The grievant shall, within the ten (10) day limit, have the right to request binding arbitrationa personal conference with the Superintendent/President in order to present the grievance. Level III - Binding ArbitrationAt the personal conference, there will be no necessity to restate what has been previously set forth in the written grievance as the Superintendent/President will have reviewed it prior to the personal conference. Oral presentation should be limited to clarification and emphasizing any particular points that the grievant deems necessary. The Superintendent/President or the unit member’s designee shall communicate his decision to the grievant within ten (10) days after receiving the grievance or date of personal conference whichever comes later.

Formal Level. Level I Within ten V (10Revised June 2, 2004) days of the informal conference, the grievant must present his/her grievance in writing on the form prescribed by the District to the Principal/Superintendent. This statement shall be a clear, concise statement of the grievance, the specific section of the Collective Bargaining Agreement allegedly violated, the circumstances involved, the decision rendered at the Informal Level conference, and the specific remedy sought. Failure to file a formal grievance within specified time limits will invalidate the grievance. The Principal or Superintendent shall communicate his/her decision in writing within ten (10) days after receiving the grievance. Failure by grievant to appeal a decision within ten (10) days shall be deemed as acceptance of the decision. Level II - Mediation 9A In the event the grievant Association is not satisfied with the decision result at Level IIV, the Association may appeal the decision and request that the grievance go to Mediation by completing the prescribed form Appendix C and submitting it to the Superintendent or his/her designeemay, within ten fifteen (1015) working days after receipt of completion of the Level I decision. Within five (5) days following IV proceedings, submit the appeal, the Association shall so notify grievance to arbitration through the California State Mediation and Conciliation Service Service. (CSMCSRevised June 2, 2004) 9B 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). CSMCS shall schedule a mediation conference at the earliest possible date. Mediation conferences shall take place at a mutually convenient location and time. Each party shall designate its representatives for the mediation conference. There shall be one (1) person from each party designated as spokesperson for that party at the mediation conference. 9C The mediator shall assist the parties in resolving the grievance. The mediator arbitrator shall have the no power or authority to meet separately with either partyhear cases challenging any of the following: 9C1 The termination of the services of a probationary employee. 9C2 The termination of services or failure to re-employ any employee to a position for which extra compensation is received. 9C3 The content of an employee's evaluation. 9C4 The District's procedures for notification and dissemination of this Agreement. 9D In the event that the District has raised procedural objections at any level of the Grievance Procedure, but the arbitrator shall not have rule on the authority procedural objections prior to compel proceeding to a hearing on the resolution merits of the grievance. If, after due diligenceAfter a hearing on the merits of the grievance, the mediator concludes resolution is not possiblearbitrator shall render a written award which sets forth findings of fact, reasoning, and conclusions on the precise issue(s), submitted. 9D1 Where the District has made a judgment involving the exercise of discretion, the mediator arbitrator shall notify both parties review such decision solely to determine whether the decision has violated the Agreement and shall not substitute the arbitrator's judgment for that of the District. 9D2 The arbitrator shall not add to, subtract from, amend, modify or alter any provisions or procedures contained in writingthis Agreement. 9D3 The arbitrator shall not issue statements of opinion or conclusions not essential to the determination of the issue(s) submitted. 9D4 The arbitrator's award may include restitution, financial reimbursement, or other proper remedy, except fines or penalties. 9E The arbitrator's decision shall be submitted to the District and CSEA for review and implementation. The cost, if any, arbitrator's award shall be binding on all parties and shall be implemented promptly. 9F The costs of the mediator arbitration proceeding, including filing fees, fees and the per diem charges of the arbitrator shall be borne equally by the District and parties. 9G Each party shall be responsible for the Associationcosts of presenting its case. If multiple grievances are filed for the same alleged contract violation, one (1) case shall be carried forward for resolution with the final decision applicable to all grievants. CSEA may choose the case. If the grievance is not resolved satisfactorily to chosen grievant drops the Association through mediationclaim, the Association, within ten (10) days of the final mediation meeting, CSEA may request binding arbitration. Level III - Binding Arbitrationsubstitute a like case for resolution.

Formal Level. Þ Level I Within If Employee wishes to initiate a formal grievance, Employee must do so within ten (10) days workdays after the occurrence of the informal conference, act or omission giving rise to the grievant must present his/her grievance by presenting such grievance in writing on the form prescribed by the District to the Principal/SuperintendentEmployee’s immediate supervisor. This The written statement shall be a clear, clear and concise statement of the grievance, including (i) the specific section provisions of the Collective Bargaining Agreement allegedly alleged to have been violated, misapplied, or misinterpreted, (ii) the circumstances involved, the decision rendered at the Informal Level conference, and (iii) the specific remedy sought. Failure to file Employee’s written statement shall be submitted on ‘Grievance Form’ provided by the Company hereto as Appendix B. Employee’s statement may not be changed at later levels of the grievance and arbitration procedure. Either party may request a formal grievance within specified time limits will invalidate personal conference with the grievanceother party. The Principal or Superintendent Company shall communicate his/her a decision to the employee in writing within ten (10) days workdays after receiving the grievance. Failure by grievant to appeal a decision within ten (10) days shall be deemed as acceptance of the decision. grievance and such action will terminate Level I. Þ Level II - Mediation Employee Initials: ________ In the event the grievant is not satisfied with the decision at Level I, the Association grievant may appeal the decision and request that the grievance go to Mediation by completing the prescribed form Appendix C and submitting it in writing to the Superintendent Chief Executive Officer or his/her designee, designee within ten (10) days workdays after receipt the termination of Level I. The written appeal described herein shall be submitted, by Employee, on Company’s Grievance Form under section entitled ‘Level II’, and shall include a copy of the original grievance, the decision rendered at Level I decision. Within five (5) days following I, and a clear, concise statement of the reasons for the appeal, . Either the Association shall so notify grievant or the California State Mediation and Conciliation Service (CSMCS). CSMCS shall schedule Chief Executive Officer or designee may request a mediation conference at the earliest possible date. Mediation conferences shall take place at a mutually convenient location and time. Each party shall designate its representatives for the mediation conference. There shall be one (1) person from each party designated as spokesperson for that party at the mediation personal conference. The mediator Chief Executive Officer or designee shall assist the parties in resolving the grievance. The mediator shall have the authority to meet separately with either party, but shall not have the authority to compel the resolution of the grievance. If, after due diligence, the mediator concludes resolution is not possible, the mediator shall notify both parties in writing. The cost, if any, of the mediator shall be borne equally by the District and the Association. If the grievance is not resolved satisfactorily to the Association through mediation, the Association, communicate a written decision within ten (10) days of workdays after receiving the final mediation meeting, may request binding arbitrationappeal and such a decision will terminate Level II. Þ Level III - Binding ArbitrationMediation If the Company elects, the grievance may be referred to a mediator appointed by the Company. Both Employee and Company agree to participate in the process in good faith to reach an equitable resolution. Mediation will be scheduled as soon as calendars can be arranged. Employee and Company shall each bare half the cost of mediation.

Formal Level. Level I Step One Within ten twenty (1020) days after the grievant knew or by reasonable diligence should have known of the informal conferenceoccurrence of the act or omission giving rise to the grievance, the grievant must present his/her grievance in writing on the appropriate District form prescribed by the District to his/her immediate supervisor with a copy to the Principal/SuperintendentGrievance Officer of the Instructors’ Association. This statement shall be a clear, concise statement of the grievance, the specific section indicating which provision of the Collective Bargaining Agreement allegedly violatedis alleged to have been violated or misapplied, the circumstances involved, the decision rendered at the Informal Level informal conference, and the specific remedy sought. Failure Upon the request of either party, a face to file a formal grievance within specified time limits face meeting will invalidate the grievancebe held. The Principal or Superintendent supervisor shall communicate his/her decision to the unit member in writing within ten (10) days after receiving the grievance. Failure The time for this response may be modified in advance by grievant to appeal a decision within ten (10) days shall be deemed as acceptance mutual agreement of the decisionparties. Level II - Mediation If the supervisor does not respond within the time limits, the grievant may appeal to the next level. If the grievant is the Association acting on its own behalf, the grievant appeals directly to Step Three, bypassing Step Two. Step Two In the event the grievant is not satisfied with the decision at Level IStep One, the Association he/she may appeal the decision and request that the grievance go to Mediation by completing the prescribed form Appendix C and submitting it in writing to the Superintendent or appropriate administrator 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. Upon the request of either party, a face to face meeting will be held. The appropriate administrator shall communicate his/her designee, decision within ten (10) days after receipt receiving the appeal. The time for this response may be modified in advance by mutual agreement of the Level I decision. Within five (5) days following the appeal, the Association shall so notify the California State Mediation and Conciliation Service (CSMCS). CSMCS shall schedule a mediation conference at the earliest possible date. Mediation conferences shall take place at a mutually convenient location and time. Each party shall designate its representatives for the mediation conference. There shall be one (1) person from each party designated as spokesperson for that party at the mediation conference. The mediator shall assist the parties in resolving the grievance. The mediator shall have the authority to meet separately with either party, but shall not have the authority to compel the resolution of the grievance. If, after due diligence, the mediator concludes resolution is not possible, the mediator shall notify both parties in writing. The cost, if any, of the mediator shall be borne equally by the District and the Associationparties. If the grievance appropriate administrator does not respond within the time limits, the grievant may appeal to the next level. Step Three If the grievant is not resolved satisfactorily to satisfied with the Association through mediationdecision at Step Two , the Association, he/she may within ten (10) days appeal the decision on the appropriate District form to the Superintendent/President or his/her designee, provided that his/her designee is not the same person as at Step Two. This statement shall include a copy of the final mediation meetingoriginal grievance and appeal, the decisions rendered and a clear, concise statement of the reasons for the appeal. Upon the request of either party, a face to face meeting will be held. The Superintendent/President or his/her designee shall communicate his/her decision to the grievant within ten (10) days. The time for this response may request binding arbitrationbe modified in advance by mutual agreement of the parties. Level III - Binding ArbitrationIf the Superintendent/President does not respond within the time limit provided, the grievant may appeal to the next level. Step Four If the grievant is not satisfied with the decision at Step Three, he/she may within ten (10) days file a written appeal regarding the decision on the appropriate District form to the Board of Trustees. This statement shall include a copy of the original grievance and appeal, the decisions rendered, and a clear, concise statement of the reasons for the appeal. The Board of Trustees, or their designee, shall communicate their decision to the grievant within ten (10) days. The decision of the Board of Trustees shall be final.

Formal Level. Level I Within - If a satisfactory solution is not achieved at the informal level, the grievant may, within ten (10) days of after the informal conference, the grievant must present his/her grievance in writing grievances on the appropriate grievance form, attached as Appendix G to his/her principal or supervisor. The form prescribed by shall provide the District to the Principal/Superintendent. This statement shall be a following information: A clear, concise statement of the grievance, the circumstances involved, the specific article, section or clause of the Collective Bargaining Agreement agreement allegedly violated, the circumstances involved, the decision rendered at the Informal Level conference, informal conference and the specific remedy sought. Failure to file a formal grievance within specified time limits will invalidate the grievance. The Principal principal or Superintendent supervisor shall communicate his/her decision to the employee in writing within ten (10) days after receiving the grievance. Failure by If the principal or supervisor does not respond within the time limit, the grievant may appeal to appeal a decision within ten (10) days the next level. Within the above limits, either party may request and shall be deemed as acceptance granted a personal conference. Either party may request the presence of the decisionone or more conferee. Level II - Mediation In the event If the grievant is not satisfied with the decision at Level I, the Association he may appeal the decision and request that the grievance go to Mediation by completing the prescribed form Appendix C and submitting it to the Superintendent or his/her designee, within ten (10) days after receipt days, appeal the decision in writing to the Superintendent and/or designee. The written appeal request shall include a copy of the Level I decision. Within five (5) days following original grievance, the decisions rendered and a clear, concise statement of the reasons for the appeal, the Association shall so notify the California State Mediation and Conciliation Service (CSMCS). CSMCS shall schedule a mediation conference at the earliest possible date. Mediation conferences shall take place at a mutually convenient location and time. Each party shall designate its representatives for the mediation conference. There shall be one (1) person from each party designated as spokesperson for that party at the mediation conference. The mediator Superintendent and/or designee shall assist communicate his/her decision to the parties in resolving the grievance. The mediator shall have the authority to meet separately with either party, but shall not have the authority to compel the resolution of the grievance. If, after due diligence, the mediator concludes resolution is not possible, the mediator shall notify both parties in writing. The cost, if any, of the mediator shall be borne equally by the District and the Associationgrievant within ten (10) days. If the grievance Superintendent and/or designee does not respond within the time limits provided, the grievant may appeal to the next level. Within the above time limits, either party may request and shall be granted a personal conference. Either party may request the presence of one or more conferee. Level III - If the grievant is not resolved satisfactorily to satisfied with the Association through mediationdecision rendered at Level II, the Association, or if no written decision has been rendered within ten (10) days of the meeting with the Superintendent and/or designee, the grievant may submit a request in writing to the Association for arbitration of the dispute. Said request must be made within ten (10) days of the decision at Level II or within ten (10) days of the appeal of the grievant if no decision was rendered at Level II. If the Association agrees to take the matter to arbitration, an impartial arbitrator shall be selected jointly by the Association and District within ten (10) days of the written request. In the event the parties cannot agree, the American Arbitration Association shall be requested to supply a list of five (5) names. In order to determine the arbitrator selected, alternate names shall be stricken from the list until one name remains. The fees and expenses of the arbitrator and a court recorder, if requested by the arbitrator, shall be borne by the losing party. Additional expenses shall be borne by the party incurring the expense. The arbitrator shall have no authority to add to, delete from, or alter any provisions of this Agreement, but shall limit his decision to the application and interpretation of its provisions. After reviewing the evidence and testimony, the arbitrator shall submit to the District and the Association his findings and decision in writing. The decision of the arbitrator shall be final mediation meeting, may request and binding arbitration. Level III - Binding Arbitrationon all parties.

Formal Level. Level I I. Within ten fifteen (1015) days after the occurrence of the informal conferenceact or omission giving rise to the grievance, or after the grievant knew or reasonably should have known of such act or omission, if the grievant desires to pursue the matter further, the grievant must present his/her grievance in writing on the appropriate form prescribed by the District to the Principalhis/Superintendenther immediate supervisor. This statement shall be a clear, concise statement of the grievance, the specific section of the Collective Bargaining Agreement allegedly violated, the circumstances involved, the decision rendered at the Informal Level conference, and the specific remedy sought. Failure to file a formal grievance within specified time limits will invalidate the grievance. The Principal or Superintendent supervisor shall communicate his/her decision to the grievant in writing within ten fifteen (1015) days after receiving the grievance. Failure by If the supervisor does not respond within the time limits, the grievant may appeal to appeal the next level. Either the grievant, or the supervisor, or his/her designee may request a decision personal conference within ten (10) days shall be deemed as acceptance of the decisionabove time limits. Level II - Mediation In the event II. If the grievant is not satisfied with the decision at Level I, he/she may, within the Association may appeal earlier of fifteen (15) days of the date of the decision and request that or the grievance go to Mediation by completing date the prescribed decision was due, appeal on the appropriate form Appendix C and submitting it to the Superintendent Superintendent, or his/her designee. This 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. Either the grievant, or the Superintendent, or his/her designee may request a personal conference within the above time limits. The Superintendent, or his/her designee, shall communicate his/her decision to the grievant within ten fifteen (1015) days. If the Superintendent, or his/her designee, does not respond within the time limits provided, the grievant may appeal to the next level. If the grievant is not satisfied with the disposition of his/her grievance at Level II, or if no written decision has been rendered within fifteen (15) days after receipt the grievant has filed a written appeal to the Superintendent, the grievant may immediately request in writing to the Association that the Association submit the grievance to arbitration. Level III. If the grievant is not satisfied with the decision at Level II, he/she may, within the earlier of fifteen (15) days of the date of the decision or the date the decision was due, submit a written request for mediation of the grievance. The written request, which shall include a copy of the original grievance form (including the decision rendered), shall be attached to the Level I decisionIII form. Within five (5) days following after the appealwritten request for mediation, the Association shall so notify submit, to the California State Mediation and Conciliation Service (CSMCS). CSMCS shall schedule Service, a mediation conference at the earliest possible date. Mediation conferences shall take place at a mutually convenient location and time. Each party shall designate its representatives written request for the mediation conference. There shall be one (1) person from each party designated as spokesperson for that party at the mediation conference. The mediator shall assist the parties in resolving the grievance. The mediator shall have the authority to meet separately with either party, but shall not have the authority to compel the resolution immediate services of the grievance. If, after due diligence, the mediator concludes resolution is not possible, the mediator shall notify both parties in writing. The cost, if any, of the mediator shall be borne equally by the District and the Association. If the grievance is not resolved satisfactorily to the Association through mediation, the Association, within ten (10) days of the final mediation meeting, may request binding arbitration. Level III - Binding Arbitrationa mediator.

Formal Level. Level I STEP ONE: Within ten twenty (1020) days after the grievant knew or by reasonable diligence should have known of the informal conferenceoccurrence of the act or omission giving rise to the grievance, the grievant must present his/her grievance in writing on the appropriate District form prescribed by the District to his/her immediate supervisor with a copy to the Principal/SuperintendentGrievance Officer of the Instructors’ Association. This statement shall be a clear, concise statement of the grievance, the specific section indicating which provision of the Collective Bargaining Agreement allegedly violatedis alleged to have been violated or misapplied, the circumstances involved, the decision rendered at the Informal Level informal conference, and the specific remedy sought. Failure Upon the request of either party, a face to file a formal grievance within specified time limits face meeting will invalidate the grievancebe held. The Principal or Superintendent supervisor shall communicate his/her decision to the unit member in writing within ten (10) days after receiving the grievance. Failure The time for this response may be modified in advance by grievant to appeal a decision within ten (10) days shall be deemed as acceptance mutual agreement of the decisionparties. Level II - Mediation If the supervisor does not respond within the time limits, the grievant may appeal to the next level. If the grievant is the Association acting on its own behalf, the grievant appeals directly to Step Three, by passing Step Two. STEP TWO: In the event the grievant is not satisfied with the decision at Level IStep One, the Association he/she may appeal the decision and request that the grievance go to Mediation by completing the prescribed form Appendix C and submitting it in writing to the Superintendent or appropriate administrator 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. Upon the request of either party, a face to face meeting will be held. The appropriate administrator shall communicate his/her designee, decision within ten (10) days after receipt receiving the appeal. The time for this response may be modified in advance by mutual agreement of the Level I decision. Within five (5) days following the appeal, the Association shall so notify the California State Mediation and Conciliation Service (CSMCS). CSMCS shall schedule a mediation conference at the earliest possible date. Mediation conferences shall take place at a mutually convenient location and time. Each party shall designate its representatives for the mediation conference. There shall be one (1) person from each party designated as spokesperson for that party at the mediation conference. The mediator shall assist the parties in resolving the grievance. The mediator shall have the authority to meet separately with either party, but shall not have the authority to compel the resolution of the grievance. If, after due diligence, the mediator concludes resolution is not possible, the mediator shall notify both parties in writing. The cost, if any, of the mediator shall be borne equally by the District and the Associationparties. If the grievance appropriate administrator does not respond within the time limits, the grievant may appeal to the next level. STEP THREE: If the grievant is not resolved satisfactorily to satisfied with the Association through mediationdecision at Step Two , the Association, he/she may within ten (10) days appeal the decision on the appropriate District form to the Superintendent/President or his/her designee, provided that his/her designee is not the same person as at Step Two. This statement shall include a copy of the final mediation meetingoriginal grievance and appeal, the decisions rendered and a clear, concise statement of the reasons for the appeal. Upon the request of either party, a face to face meeting will be held. The Superintendent/President or his/her designee shall communicate his/her decision to the grievant within ten (10) days. The time for this response may request binding arbitrationbe modified in advance by mutual agreement of the parties. Level III - Binding ArbitrationIf the Superintendent/President does not respond within the time limit provided, the grievant may appeal to the next level. STEP FOUR: If the grievant is not satisfied with the decision at Step Three, he/she may within ten (10) days file a written appeal regarding the decision on the appropriate District form to the Board of Trustees. This statement shall include a copy of the original grievance and appeal, the decisions rendered, and a clear, concise statement of the reasons for the appeal. The Board of Trustees, or their designee, shall communicate their decision to the grievant within ten (10) days. The decision of the Board of Trustees shall be final.

Formal Level. Level I Within ten fifteen (1015) days of the informal conferenceoccurrence, or within fifteen (15) days after the date on which the grievant could reasonably have known of the occurrence of the act or omission giving rise to the grievance, the grievant must present his/her grievance in writing on the a properly completed District-provided form prescribed by the District to the Principal/Superintendentimmediate administrator. This statement The grievance shall be contain a clear, clear and concise statement of the grievance, including the specific section of the Collective Bargaining Agreement allegedly article(s) alleged to have been violated, the circumstances involved, the decision rendered at the Informal Level informal conference, and the specific remedy sought. Failure The grievance form shall bear a number which the grievant shall obtain by calling or going to file a formal grievance within specified time limits will invalidate the grievanceDistrict Human Resources Office prior to submitting the form to the immediate administrator. The Principal or Superintendent immediate administrator shall communicate his/her a decision to the grievant in writing within ten (10) days after receiving the grievance. Failure by If the Administrator does not respond within such time period, the grievant may appeal to appeal the next level. Within the foregoing time limits, either party may request a decision within ten (10) days shall be deemed as acceptance of personal conference to discuss the decisiongrievance. Either the grievant or the immediate administrator may have a conferee present at such a conference. Level II - Mediation In the event the grievant is not satisfied with the decision at Level I, the Association grievant may appeal the decision and request that the grievance go to Mediation by completing the prescribed form Appendix C and submitting it to the Superintendent or his/her designeeAssistant Superintendent, Human Resources, within ten (10) days after the immediate administrator delivers his/her response to the grievance. The grievant must deliver a copy of the appeal statement to the employee's immediate administrator. This written appeal statement shall include a copy of the original grievance, the decision rendered at the previous level, and a clear, concise statement of the reasons for the appeal. Either the grievant or the Assistant Superintendent, Human Resources, may request a personal conference within the foregoing time period to discuss the grievance. Either party may have a conferee present at such a conference. The Assistant Superintendent, Human Resources, or his/her designee shall communicate a decision within ten (10) days after such a conference. Level III If the grievant is not satisfied with the decision at Level II, he/she may, within ten (10) days after a decision by the Assistant Superintendent, Human Resources, request in writing that the grievance be submitted to conciliation. If the grievant requests conciliation, the parties will, within ten (10) days after receiving the request, contact the California Conciliation Service and set a meeting with a Conciliator for as soon as possible for all parties. Level IV If the grievant is not satisfied with the result of Level III Conciliation, he/she may, within ten (10) days of the conclusion of Level III Conciliation, request in writing that the Association submit his/her grievance to arbitration. A copy of this request shall be given to the Assistant Superintendent, Human Resources. The Association, by written notice to the Assistant Superintendent, Human Resources, within fifteen (15) days after receipt of the Level I decisionrequest from the grievant, may submit the grievance to arbitration. Within If arbitration is requested, the grievant and the District shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request the California Conciliation Service to supply a panel of five (5) days following the appeal, the Association shall so notify the California State Mediation and Conciliation Service (CSMCS). CSMCS shall schedule a mediation conference at the earliest possible date. Mediation conferences shall take place at a mutually convenient location and timenames of persons experienced in hearing grievances in public school matters. Each party shall designate its representatives for the mediation conferencealternately strike a name until one name remains. There The remaining panel member shall be one (1) person from each party designated as spokesperson for that party at the mediation conferencearbitrator. The mediator order of the striking shall assist the parties in resolving the grievancebe determined by lot. The mediator shall have the authority to meet separately with either party, but shall not have the authority to compel the resolution fees and expenses of the grievance. If, after due diligence, arbitrator and the mediator concludes resolution is not possible, the mediator shall notify both parties in writing. The cost, if any, of the mediator hearing shall be borne equally by the District and the Association. All other expenses shall be borne by the party incurring them. The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to him/her. If the grievance is parties cannot resolved satisfactorily agree upon a submission agreement, the arbitrator shall determine the issues by referring to the Association through mediationwritten grievance and the answers thereto at each step. If any question arises as to whether or not the grievance can be arbitrated, the Association, within ten (10) days question will be ruled upon by the arbitrator prior to hearing the merits of the grievance. The arbitrator shall have no power to add to, subtract from or modify the terms of this Agreement or the written policies, regulations, and procedures of the District. After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to the Superintendent and the grievant his/her findings. If the arbitrator's findings do not require any outlay or transfer of District funds as a direct or indirect consequence, then the findings of the arbitrator shall be final mediation meetingand binding. If the arbitrator's findings require any outlay or transfer of District funds as a direct or indirect consequence, then the findings of the arbitrator shall only be advisory to the Board and if, upon review of the arbitrator's findings and recommendations, the Board of Trustees determines that it is unable to render a final determination on the record, it may request binding arbitrationreopen the record for the taking of additional evidence. Level III - Binding ArbitrationNothing in this section shall preclude any employee's right to resort to a court of law after exhaustion of the advisory arbitration procedure. 11/15/76; 10/2/78; 1/18/80; 10/30/85/ 9/16/86; 5/12/88; 2/3/92; 11/24/08