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Effective July 1, 2014 through June 30, 2017

This contract is an agreement between Association of College Educators, AFT Local 6554 and West Valley-Mission Community College District.

Article 45 Grievance Procedures

45.1 Purpose

To provide an orderly procedure for reviewing and resolving alleged grievances at the lowest possible administrative level.

45.2 Definitions

45.2.1 Grievance

An allegation by a member that there has been a specific violation, misinterpretation or misapplication of the provisions of this Agreement.

45.2.2 Grievant

Any regular/contract or associate member no specific member of the unit has been aggrieved.
 

45.2.3 Day

Any day on which the District Administrative offices are open to the public for business.

45.3 Confidentiality

To encourage fair and timely grievance review, it is agreed that, from date of filing until final completion, neither the grievant, ACE, AFT 6554 nor the District shall publicly comment upon the grievance or any evidence in its support.

45.4 Release Time

The ACE, AFT 6554 Grievance Officer, may be released from regular work duties with no loss of pay or benefits to accompany a grievant to present a grievance. Whenever possible, meetings shall be arranged outside the scheduled assignment of all parties.

45.5 Who May File a Grievance

45.5.1 Any current member of the unit.

45.5.2 Any ACE, AFT 6554 authorized officer acting on behalf of ACE, AFT 6554 as a grievant.

45.5.3 Any ACE, AFT 6554 officer authorized in writing to file a written grievance on behalf of a current member.

45.6 Who May Represent a Grievant

45.6.1An authorized ACE, AFT 6554 representative.

45.6.2 The grievant.

45.6.3 Grievant representative of his/her own choosing other than an agent of an employee organization other than ACE, AFT 6554.

45.7 Additional Provisions

45.7.1 No regular/contract member or associate member may use this procedure in any way to appeal discharge, non-re-employment or any decision by the Board of Trustees to not renew the member’s contract or employment.

45.7.2 No member shall use this procedure to dispute any action of the Board of Trustees which complies with State or Federal Laws or Regulations.

45.7.3 No member shall use this procedure to appeal any Board decision that was made to keep the District in compliance with a State or Federal Regulatory Commission or Agency.

45.7.4 No member shall use this procedure where a State or Federal law has established an agency with jurisdictional responsibility for resolving such disputes or causes alleged.

45.7.5 If the administrator at any level of the formal grievance process is involved in the grievance, the process moves to the next higher level.

45.7.6 At every level, parties will notify each other in advance of the participants to be involved in the process.

45.8 Time Limits

45.8.1 Within twenty (20) working days of the time a member knew or reasonably should have known of an alleged grievance, the member shall initiate the grievance process.

45.8.2 A grievant who fails to comply with established time limits at any step shall forfeit all rights to further processing relative to the grievance in question.

45.8.3 The District’s failure to respond within the established time limits at any step entitles grievant to proceed to the next step of the process.

45.8.4 Any steps in the grievance process and/or time limits may be waived by mutual consent of the parties.

45.9 Informal Grievance

The informal grievance process is initiated when the member meets with the ACE, AFT 6554 Grievance Officer to review the grievability of the dispute and the applicable contract articles that have allegedly been violated. They shall determine a course of action and desired outcomes.

Other individuals may be consulted in an effort to resolve the grievance at this level.
 
If a mutual agreement has not been reached within twenty (20) working days of the initiation of the informal grievance process, the ACE, AFT 6554 Grievance Officer shall notify the Associate Vice-Chancellor of Human Resources that the grievance is being moved to the Formal Grievance Process.

45.10 Formal Grievance

To initiate the formal grievance process a Grievance Statement must be completed by the grievant or the ACE, AFT 6554 Grievance Officer and submitted to the Human Resources Office.

Within twenty (20) working days of the submission, the Human Resources Office shall notify both the appropriate Vice-President and the grievant and shall send a copy of the Grievance Statement to the appropriate Vice-President.

45.11 Level I – Vice-President

45.11.1 Either party to the grievance may request a personal conference with involved parties at this level,  within twenty (20) working days of the notification by the Human Resources Office in 45.10.  The appropriate Vice-President shall notify the Associate Vice-Chancellor of Human Resources if such a conference is to be held.

45.11.2 The appropriate Vice-President or designee shall submit a written decision to the grievant and the Associate Vice-Chancellor of Human Resources within twenty (20) working days of (1) receipt of the Grievance Statement or (2) conference, whichever is later.

45.11.3 Within twenty (20) working days of the receipt of the written decision, the grievant may appeal the decision by submitting a written notification of intent to appeal to the Associate Vice-Chancellor of Human Resources.

45.11.4 Within twenty (20) working days of the receipt of the written notification to appeal, the Human Resources Office shall notify both the President and the grievant and shall send a copy of the Grievance Statement  to the President.

45.12 Level II– President

45.12.1 Either party to the grievance may request a personal conference with involved parties at this level, within twenty (20) working days of the notification by the Human Resources Office in 48.11.4.  The President shall notify the Associate Vice-Chancellor of Human Resources if such a conference is to be held.
 
45.12.2 The President or designee shall submit a written decision to the grievant and Associate Vice-Chancellor of Human Resources within twenty (20) working days of (1) receipt of the Grievance Statement or (2) conference, whichever is later.

45.12.3 Within twenty (20) working days of the receipt of the decision, the grievant may appeal the decision by submitting a written notification of intent to appeal to the Associate Vice-Chancellor of Human Resources.

45.12.4 Within twenty (20) working days of the receipt of the written notification to appeal, the Human Resources Office shall notify both the Chancellor and the grievant and shall send a copy of the Grievance Statement to the Chancellor.

45.13 Level III – Chancellor

45.13.1 Either party to the grievance may request a personal conference with involved parties at this level, within twenty (20) working days of the notification by the Human Resources Office in 45.12.4, The Chancellor shall notify the Associate Vice-Chancellor of Human Resources if such a conference is to be held.

45.13.2 The Chancellor or designee shall submit a written decision to the grievant and the Associate Vice-Chancellor of Human Resources within twenty (20) working days of (1) receipt of the Grievance Statement or (2) conference, whichever is later.

45.13.3 Within twenty (20) working days of the receipt of the decision, the grievant may appeal the decision by submitting a written notification of intent to appeal to the Associate Vice-Chancellor of Human Resources.

45.13.4 Within twenty (20) working days of the receipt of the written notification to appeal, the Human Resources office shall notify the Board of Trustees and shall send a copy of the Grievance Statement to each member of the Board..  

45.14 Level IV– Board of Trustees

45.14.1 Within thirty (30) working days of the notification by the Human Resources Office in 45.13.4, the Board shall, during scheduled closed session, consider the appeal. The Board or the grievant may request a conference at the next closed session.

45.14.2 The Board shall submit in writing its final decision to the grievant within twenty (20) working days of the closed session.