Between CCFT & the Cabrillo Community College District
July 1, 2007 through June 30, 2010
- 12.1 The CCFT and the District recognize that the prompt resolution of
differences is essential to sound employer-employee relations. To this end,
the following definitions and procedures are adopted.
- 12.2 Definitions
- 12.2.1 A "grievance" is defined as a formal written allegation by
a grievant that a specific provision of this Agreement has been misinterpreted,
misapplied
or violated.
- 12.2.2 A "grievant" is any bargaining unit member adversely affected
by an alleged violation of the specific provisions of this Agreement,
or the
CCFT. Unless CCFT is grieving Article 7 of this Agreement, the CCFT shall
name a bargaining unit member or members for each grievance file.
- 12.2.3 For the purpose of the grievance procedure only, a "day" is
any day, Monday through Friday, in which the administrative offices of
the Cabrillo
Community College District are open for business.
- 12.2.4 The "immediate supervisor" is the lowest level administrator
having immediate jurisdiction over the grievant who has been designated
by the District
to adjust grievances.
- 12.2.5 A "CCFT representative" is designated by the CCFT to represent
a grievant.
- 12.2.6 "Shall" is mandatory, "may" is permissive.
- 12.2.7 To "file" means to deliver personally or by certified mail return receipt requested. A document is "filed" on
the day it is received.
- 12.3 General Provisions
- 12.3.1 Until final disposition of a grievance, the grievant shall
comply with the directions of the grievant's immediate supervisor.
- 12.3.2 All documents dealing with the processing of a grievance shall
be filed separately from the personnel files of the participants. However,
this provision shall not prohibit the appropriate filing of documents
relating to disciplinary matters, unless the removal of such documents
is ordered
as part of any grievance settlement or arbitration award.
- 12.3.3 No party to a grievance shall take any reprisals against the
other party to the grievance because the party participated in an orderly
manner
in the grievance procedure.
- 12.3.4 Failure of the grievant to adhere to the time deadlines shall
mean that the grievance is settled by the decision at the previous level
and that
the grievant waives the right to further appeal.
- 12.3.5 Failure of the District to adhere to the time deadlines at
any level shall mean that the grievance is automatically moved to the
next level.
- 12.3.6 By mutual agreement in writing, the grievant and the District
may extend the time deadlines at any level.
- 12.3.7 Every effort will be made to schedule meetings for the processing
of grievances at times which will not interfere with the regular workday
of the participants. In any event, meetings shall not be scheduled so
as to interfere with the CCFT representative's academic schedule unless
mutually
agreed otherwise by the CCFT and the District. The CCFT representative
shall be released from academic duties for meetings or hearings at Level
III which
conflict with her/his work schedule. If any grievance meeting or hearing
must be scheduled during the work day, any employee required by either
party to participate as a witness or grievant in such meeting or hearing
shall
be released from regular duties without loss of pay for a reasonable
amount of time necessary for the presentation of the grievance or testimony.
- 12.3.8 Either party to the grievance may be represented at any step
of the grievance procedure by an individual of the party's choice; however,
an agent of a nonexclusive representative group shall not act on behalf
of
or represent the grievant. The CCFT representative as defined in this
Article may present the case for the grievant or respondent or serve
as an advisor.
A bargaining unit member designated by CCFT to represent a grievant shall
receive reasonable release time as provided in Article 7.6 of this Agreement
to attend grievance meetings and hearings provided for in the grievance
procedure.
- 12.3.9 The grievant may elect to have the grievance adjusted without
the intervention of the CCFT, so long as the adjustment is not inconsistent
with
the terms of this Agreement, and provided that the District shall not
agree to a resolution of the grievance at levels one (1) and two (2)
until the
CCFT has received a copy of the grievance and the proposed resolution,
and has been given reasonable opportunity to file a response.
- 12.3.10 If a grievance is filed at the end of the academic year, and
if being left unresolved until the beginning of the subsequent academic
year
would result in harm to the grievant, then by mutual agreement, the time
limits herein will be reduced so that the procedure will be exhausted
as soon as practicable.
- 12.3.11 If the grievance involves action or inaction by an administrator
above the grievant's immediate supervisor as defined above, the grievance
may be filed in writing at Level II - Superintendent/President.
- 12.3.12 Grievances of a similar or like nature may be joined as a
single grievance upon the written consent of the CCFT. The final decision
shall
be binding upon all parties to the consolidated grievance.
- 12.3.13 The day following an actual service of written decision by
either of the parties shall be counted as DAY ONE for any deadline.
- 12.3.14 By mutual agreement, at any time prior to arbitration, the
grievance may revert to a prior level for reconsideration.
- 12.3.15 The parties may mutually agree to utilize expedited arbitration
procedures.
- 12.4 Informal Dispute Resolution
- 12.4.1 Prior to the filing of a Grievance,
a unit member and his/her CCFT representative may seek to resolve the
potential grievance with the appropriate
administrator.
- 12.4.2 By mutual agreement in writing, the parties may
agree to extend the thirty-day timeline for the filing of a Level I
Grievance.
- 12.5 Grievance Procedure
At each level in the grievance procedure, the grievant must
file the grievance and all related documents with the person involved at
the appropriate level
and with the Director of Personnel and Human Resources. Grievances will be
processed in accordance with the following procedures:
- 12.5.1 Level I - Formal Notification of Grievance
- 12.5.1.1 Any unit member who believes she/he has a grievance
shall present the grievance in writing to the immediate supervisor,
within
thirty (30)
days (excluding non-contractual days between semesters) after
the grievant knew, or reasonably should have known, of the circumstances
which form
the basis for the grievance. Failure to do so will render the
grievance
null
and void. The administrator shall hold discussions and attempt
to resolve the matter. This provision shall not be read to prohibit
or in any way
limit open discussion between a unit member and immediate supervisor
regarding
potential violations of the Collective Agreement. Nor shall this
provision limit the right of a unit member to have CCFT representation
during these
open discussions regarding potential violations.
- 12.5.1.2 The written information provided by the grievant shall
include:
- (a) a description of the specific grounds of the grievance,
including but not limited to names, dates, and places necessary
for a complete
understanding of the grievance,
- (b) a listing of the provisions of this agreement which
are alleged to have been violated,
- (c) a listing of specific actions requested of the District
which will remedy the grievance. Four (4) copies of the grievance
form shall be completed by the grievant. The grievant shall
submit one (1) copy to the appropriate administrator, one
(1) copy to the Director of Personnel and Human Resources,
one copy to the CCFT and retain the fourth copy.
- 12.5.1.3 The appropriate administrator shall communicate the
decision on the grievance to the grievant, the Director of Personnel
and Human Resources, and the CCFT Grievance Officer, in writing
within fifteen (15) days after receiving the grievance.
- 12.5.1.4 Within the above time limits either party may request
a personal conference.
- 12.5.2 Level II - Appeal to Superintendent/President
- 12.5.2.1 If the grievant is not satisfied with the decision at
Level I, the grievant may within ten (10) days of the receipt
of the decision
at Level
I appeal the decision on the appropriate form to the Superintendent/President.
This statement shall include a copy of the original grievance
and appeal, and a concise statement of the reasons for the appeal.
- 12.5.2.2 Within ten (10) days after receipt of the appeal,
the Superintendent/President or designee shall schedule a conference
with the grievant and other persons
whose assistance to the Superintendent/President or designee
is deemed
necessary to adjust the grievance.
- 12.5.2.3 Within fifteen (15) days after the conference is held,
the Superintendent/President or designee shall communicate in
writing to
the grievant and the grievant's
immediate supervisor, the Director of Personnel and Human Resources,
and the CCFT Grievance Officer, the decision and the reasons
therefore.
- 12.5.3 Level III - Binding Arbitration
- 12.5.3.1 If the grievant is not satisfied with the decision at
Level II, the grievant may, within ten (10) days of the receipt
of the decision
submit
a request in writing to the CCFT for arbitration of the dispute.
Within fifteen (15) days of the receipt of the grievant's request
for arbitration,
the CCFT
shall inform the District of its intent as to whether or not
the grievance will be arbitrated. The CCFT and the District may
attempt
to agree upon
an arbitrator. If no agreement can be reached, the CCFT and the
District shall
request that the State Conciliation Service supply a panel of
five (5) names of persons experienced in hearing grievances in
public
schools.
Each party
shall alternatively strike names until only one name remains.
The remaining panel member shall be the arbitrator. The order of
the
striking shall
be determined by lot.
- 12.5.3.2 The arbitrator shall, as soon as possible, hear evidence
and tender a decision on the issue or issues submitted to her/him.
If the parties
cannot agree upon a submission agreement, the arbitrator shall
determine the issues by referring to the written grievance and
the answers
thereto at each step.
- 12.5.3.3 The District and the CCFT agree that the jurisdiction
and authority of the arbitrator so selected and the opinions
the arbitrator
expresses will
be confined exclusively to the interpretation of the express
provision or provisions of this Agreement at issue between the
parties. The
arbitrator shall have no authority to add to, subtract from,
alter, amend, or modify
any provisions of this Agreement or impose any limitations or
obligations not specifically provided for under the terms of
this Agreement.
The arbitrator
shall be without power or authority to make any decision that
requires the District or the administration to do an act prohibited
by law.
- 12.5.3.4 After hearing evidence and after both parties have
had an opportunity to make written arguments, the arbitrator
shall submit
in
writing to all
parties, her/his findings and award.
- 12.5.3.5 The award of the arbitrator shall be final and binding.
- 12.5.3.6 The fees and expenses of the arbitrator shall be shared
equally by the District and the CCFT. All other expenses shall
be borne by the
party incurring them, and neither party shall be responsible
for the expense of
witnesses called by the other. Either party may request a certified
court reporter to record the entire arbitration hearing. The
cost of the services
of such court reporter shall be paid by the party requesting
the reporter or shared by the parties if they both mutually agree.
If
the arbitrator
requests a court reporter, then the costs shall be shared by
both parties.
- 12.5.3.7 Alleged violations of Article 5 (Non-discrimination)
shall not be subject to the binding arbitration provisions of
this Article.
If the
grievant is not satisfied with the decision at Level II of the
grievance procedure, the grievant may appeal the decision to
the Governing
Board or pursue other remedies she/he may have before state or
federal agencies
or
courts.
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