Grievance Chair: Christina Anderson- Huber
16.1.1 A "GRIEVANCE" is a formal written allegation by a grievant that he/she has been adversely affected by a violation, misinterpretation, or misapplication of the specific provisions of this Agreement. Actions to challenge or change the policies of the District as set forth in the rules and regulations or administrative regulations and procedures must be undertaken under separate legal processes. Other matters for which a specific method of review is provided by law, by the policy rules and regulations of the Board of Trustees, or by the administrative procedures of this District are not within the scope of this procedure.
16.1.2 A "GRIEVANT" may be any bargaining unit member or the Association.
16.1.3 A "DAY" is any day in which the administrative office of the Murrieta Valley Unified School District is open for business.
16.1.4 The "IMMEDIATE SUPERVISOR" is the District-designated management employee who has immediate jurisdiction over the grievant, or who has been designated to adjust grievances.
16.1.5 All documents, communications, and records dealing with the processing of a grievance will be filed in a separate grievance file, unless the grievance is denied at the final level of appeal, in which case the records will be transferred to the personnel file of the participant.
16.1.6 Failure to file and appeal the grievance in a timely manner shall be deemed a waiver of the grievance and bar further prosecution thereof.
16.2 INFORMAL LEVEL
16.2.1 Before filing a formal written grievance, the grievant shall attempt to resolve it by an informal conference with his/her immediate supervisor.
16.3 LEVEL I - IMMEDIATE SUPERVISOR
16.3.1 Within thirty (30) days after the occurrence of the act or omission giving rise to the grievance, the grievant must present his/her grievance in writing on the appropriate form (Appendix E) to the immediate supervisor.
16.3.2 This statement shall be a clear, concise statement of the grievance, the contract provisions allegedly violated, the circumstances involved, the decision rendered at the informal conference, and the specific remedy sought.
16.3.3 The immediate supervisor shall communicate his decision to the grievant in writing within ten (10) days after receiving the grievance. If the immediate supervisor does not respond within the time limits, the grievant may appeal to the next level.
16.4 LEVEL II - SUPERINTENDENT OR DESIGNEE
16.4.1 If the grievant is not satisfied with the decision at Level I, he/she may within ten (10) days after receiving the decision submit a written request (Appendix E) to the Superintendent or designee for review.
16.4.2 The Superintendent or designee shall communicate his/her decision to the grievant within ten (10) days after receiving the grievance. If the Superintendent or designee does not respond within the time limits, the grievant may appeal to the next level.
16.5 LEVEL III - MEDIATION
16.5.1 If the grievant is not satisfied with the decision at Level II, he/she may, within ten (10) days submit a written request (Appendix E) for mediation of the grievance. In this event the Association shall, within ten (10) days, submit to the California State Conciliation Service a written request for the immediate services of a mediator.
16.5.2 The function of the mediator shall be to assist the parties to achieve a mutually satisfactory resolution of the grievance. At the outset of this process, the mediator shall schedule a meeting at a mutually agreeable time for the purpose of resolving the matter through mediation. Mediation shall be limited to one day unless both parties agree to extend the mediation beyond one day.
16.5.3 If a satisfactory resolution of the grievance is achieved by means of this mediation process, both parties to the grievance shall sign a written statement to that effect, and thus waive the right of either party to any further appeal of the grievance.
16.5.4 The District and the Association have agreed that this level (Level III of this Grievance Procedure) may be waived by mutual agreement. If no satisfactory settlement is reached after Mediation, either party may appeal the grievance to the next level (Level IV).
16.6 LEVEL IV - ARBITRATION
16.6.1 If the Association is not satisfied with the decision at Level III, the grievant shall within thirty (30) days after receiving the decision submit a written request (Appendix E) to the Superintendent or designee for arbitration.
16.6.2 If the Association decides to submit the grievance to arbitration, the Association and the District shall attempt to agree upon an arbitrator. The order of the striking shall be determined by lot.
16.6.3 The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association. All other expenses shall be borne by the party incurring them.
16.6.4 The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to him/her. 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.
16.6.5 The arbitrator will 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. 16.6.6 After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties his/her award, which shall be binding.