19.1  Purpose The purpose of a grievance procedure is to process a claim of grievance and to secure, at the administrative level closest to the aggrieved, solutions to problems which may, from time to time, arise affecting the welfare or working conditions of members of the unit. This grievance procedure shall not be construed as in any way hindering, discouraging, or denying the settlement of complaints outside the structure of the grievance procedure.

19.2 Definitions

19.2.1        A "grievance" is a formal written allegation by a unit member or the Association, as set forth in l9.2.2, of a violation, misapplication, or misinterpretation of a specific provision of this Agreement that adversely affects the grievant.

19.2.2        A "grievant" is a member of the certificated bargaining unit filing a grievance, the Association, or the District.

19.2.3        The "immediate supervisor" is the lowest level administrator having immediate jurisdiction over the grievant who has been designated by the employer to adjust grievances.

19.2.4        A "party in interest" is the grievant and any person who might be required to take action or against whom action might be taken in order to resolve the grievance.

19.2.5        "Day" means any day on which the member of the unit is contractually required to render services to the employer.

19.2.6        "Association" shall mean the Redlands Teachers Association.

19.3 Rights to Representation

19.3.1        Grievant Rights At his/her request, a grievant may be represented at all stages of the grievance procedure by himself/herself, his or her representative, or by an Association representative selected by the Association, except as provided in 19.3.4 of this Article.

19.3.2        Association Rights If the grievant is not represented by the Association, the Association shall have the right to be present and to state its views at all meetings, hearings, appeals, or other proceedings related to a grievance, except as provided in 19.3.4 below.

19.3.3        Class Grievances If, in the judgment of the Association, a grievance affects a group of grievants or the Association, or Association rights, the Association may initiate and submit such grievance in writing at Level Two. Class grievances involving more than one (1) supervisor and grievances involving the Administration above the level of the immediate supervisor may be filed by the Association at Level Two.

19.3.4        Grievance Adjustment without Association Intervention Any employee may, at any time, present grievances to the employer and have such grievances adjusted without the intervention of the exclusive representative, as long as the adjustment is reached prior to arbitration and the adjustment is not inconsistent with the terms of a written Agreement then in effect, provided that the public school employer shall not agree to a resolution of the grievance until the exclusive representative has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response.

19.4 Procedure

19.4.1        Informal Level

19.4.1.1     Before filing a formal written grievance, the grievant should attempt to resolve the problem by an informal conference with the grievant's appropriate supervisor. Unit members must clearly state to the supervisor that the discussion relates to an informal grievance so that the nature and purpose of the discussion are understood by both parties.

19.4.2        Formal Levels

19.4.2.1     Level One If a grievant believes there is a basis for a formal grievance and wishes to utilize the grievance procedures, he/she shall present the grievance in writing to the appropriate supervisor. The formal grievance document must be submitted on the appropriate form within twenty (20) days after the grievant should reasonably know of the occurrence of the act or omission giving rise to the grievance. Within ten (10) days after receipt of the grievance, the grievant and the supervisor shall meet to discuss the grievance and attempt to arrive at a mutually satisfactory solution. Within ten (10) days after this meeting, the supervisor shall send a reply in writing to the grievant with a copy to the Association.

19.4.2.2     Level Two If the grievant or the Association is not satisfied with the disposition of the grievance at Level One, or if no decision has been rendered within twenty (20) days after submission of the grievance at Level One, the grievant may, within thirty (30) days after the submission of the grievance at Level One, submit the grievance in writing to the Superintendent/designee. Within ten (10) days after receipt of the grievance, the grievant and the Superintendent/designee shall meet to discuss the grievance and attempt to arrive at a mutually satisfactory solution. Within ten (10) days after this meeting, the Superintendent/designee shall send his/her reply in writing to the grievant with a copy to the Association.

19.4.2.3     Level Three – Mediation If the grievant or the Association is not satisfied with the decision at Level Two, it may, within ten (10) days, submit a written request for mediation of the grievance. In this event the Association shall, within five (5) days, submit to the California State Conciliation Service a written request for the immediate services of a mediator.

a.      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.

b.      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.

c.       The District and the Association have agreed that this level (Level Three of this Grievance Procedure) may be waived by mutual agreement. If no satisfactory settlement is reached within ten (10) days following the first meeting with the mediator, either party may appeal the grievance to the next level (Level Four).

19.4.2.4     Level Four If the grievant or the Association is not satisfied with the disposition of the grievance at Level Three or if no decision has been rendered within twenty (20) days after the submission of the grievance at Level Two, the Association may, within thirty (30) days after the submission of the grievance at Level Three submit the grievance to binding arbitration. If the Association decides to submit the grievance to binding arbitration, it may, within fifteen (15) days after receipt of the request from the grievant, give written notice to the Superintendent/designee of its intent to submit the grievance to binding arbitration. Within ten (10) days of such notice, the Superintendent/designee shall request the services of an arbitrator from the California Conciliation Service. The arbitrator so selected will confer with the representatives of the Superintendent/designee and the Association and hold hearings promptly and will issue a decision not later than twenty (20) days from the date of the close of the hearings or, if oral hearings have been waived, from the date the final statements and proofs are submitted to him/her. The arbitrator's decision will be in writing and will set forth findings of fact, reasoning and conclusions on the issues submitted. The arbitrator will be without power or authority to change any of the Agreement, applicable rules, regulations or policies, or to make any decision which is violative of the Agreement, applicable rules, regulations or policies. The decision of the arbitrator will be binding and will be submitted to the Superintendent/designee and the Association. The decision of the arbitrator shall be accepted by the District and the Association unless:

a.      It is contrary to the clear weight of the evidence;

b.      It is violative of applicable law;

c.       It is the product of clear bias, interest, or fraud on the part of the arbitrator.

The cost for the services of the arbitrator, including per diem expenses, if any, travel, and subsistence expenses will be borne equally by the Board and the Association. Any other costs will be borne by the party incurring them.

Level Four Alternative – Expedited Arbitration In the event that the grievance involves issues of a routine or non-complex nature, the Association and the District may, upon mutual written consent, agree to submit the grievance to expedited binding arbitration. The nature of such a proceeding shall be in accordance with the provisions of section 19.4.2.4 of this Article except that:

a.      No post-hearing briefs will be filed, and

b.      The arbitrator shall issue either a bench award or an award within forty-eight (48) hours of the close of the hearing accompanied by a short explanation of the basis for the award.

The parties agree that the decision to participate or not participate in expedited arbitration shall not reflect adversely on either party. The parties further agree that neither party will unilaterally contact or request the services of an arbitrator for resolution of grievances through expedited arbitration.

19.5 General Provisions

19.5.1        Provision of Information The parties in interest agree to make available to each other all pertinent information not privileged under law in their possession or control and which is relevant to the issues raised by the grievance.

19.5.2        No Reprisals No reprisals of any kind will be taken by the Superintendent or any member or representative of the Administration or Board against any persons involved in the processing of a grievance by reason of such participation.

19.5.3        Grievance Records All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.

19.5.4        Grievance Forms Forms for processing grievances will be prepared jointly by the Superintendent and the Association so as to facilitate operation of the grievance procedure. The costs of preparing such forms shall be borne by the District.

19.5.5        Time Limits Since it is important that grievances be processed as rapidly as possible, the time limits specified at each level should be considered to be maximums and every effort should be made to expedite the process. The time limits may, however, be extended by mutual agreement in writing. In the event of emergency or that parties essential to the processing of the grievance are out of the District, the timelines should be adjusted accordingly.

19.5.6        Health and Safety Conditions If a grievance alleges a violation, misapplication, or misinterpretation of a specific provision of this Agreement and involves a condition which imperils the health or safety of a member of the unit, such grievance may be directly submitted to Level Two of the grievance procedure. Within five (5) days after receipt of the grievance, a meeting of the Superintendent and the grievant shall be arranged. Within five (5) days after this meeting, the Superintendent shall send his/her reply in writing to the grievant with a copy to the Association. The parties agree that the sole purpose of this section is to expedite the processing of only those grievances as defined herein, and that this section in no way alters the obligation of the parties to comply with all other provisions of this Agreement.

19.6 Release Time for Grievance Processing Should the investigation or processing of a grievance require that a grievant or Association representative be released from regular assignment, such release shall be without loss of pay or benefits.