This an article of the 2000-2003 contract with teachers that are represented by the Alameda Education Association. Here the complete table of contents of the contract.

ARTICLE 6

GRIEVANCE PROCEDURE

6.01 Definitions

6.01.01 A "grievance" is a claim of a violation, misinterpretation or misapplication of a provision of this Agreement.

6.01.02 A "grievant" may be any certificated employee(s) of the District covered by the terms of this Agreement who is making a claim(s), or the Association where the grievance is a class action and the Association President or a unit member(s) belonging to the affected class signs the grievance, or where the Association is the adversely affected party.

6.01.03 A "day" is defined as a working day when teachers are required to be in attendance. If the grievant(s) is at a year-round school, "day" will be a working day on the year-round calendar applicable to the grieving unit member(s).

6.02 Purpose

The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

6.03 Levels

6.03.01 Level One:

Within twenty (20) days after the aggrieved knew of the act or condition and its aggrieving nature that formed the basis of the grievance, the aggrieved person shall formally file a statement of grievance on the District- provided form or a copy. Forms may be obtained from site administrator, District Office or Association. The grievant shall have previously attempted to resolve the alleged grievance by discussion with his/her immediate supervisor. The administrator shall render a proposed resolution in writing within ten (10) days of receiving the written grievance, with a copy to AEA.

6.03.02 Level Two:

If the grievant is dissatisfied with the response at Level One, he/she may within five (5) days of the Level One response appeal the decision to the Superintendent/Designee. As soon as possible, but in no event later than ten (10) days after receipt of the written grievance by the Superintendent/Designee, the Superintendent/Designee shall meet with the aggrieved person and a representative of the Association, if requested by the grievant, in an effort to resolve it. The Superintendent/Designee shall give the grievant a written response within five (5) days of the meeting, with a copy to AEA.

6.03.03 Level Three: - Mediation

If the grievant is not satisfied with the response at Level Two, the District and the Association may mutually agree to submit the grievance to mediation.

6.03.03.01 The Association must notify the District in writing within five (5) working days of the conclusion of Level Two of the Association’s desire to refer the grievance to mediation. The District shall respond to the Association whether or not the District agrees to the mediation of the grievance no later than five (5) working days after receipt of the Association’s written request.

6.03.03.02 Within five (5) working days following the agreement of the District and the Association to mediate the grievance, the Association shall notify State Mediation and Conciliation Service or other mutually agreed upon source to appoint a mediator. The mediator shall schedule a mediation conference at the earliest possible date. Mediation conferences will take place at a mutually convenient location and time.

6.03.03.03 There shall be one (1) person from each party designated as spokesperson for the party at the mediation conference.

6.03.03.04 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 a grievance. Either party may raise any issue related to the grievance, whether or not it was raised earlier./

6.03.03.05 If, after due diligence, the mediator concludes resolution is not possible, the mediator shall notify both parties in writing.

6.03.03.06 The fees and expenses of the mediator shall be shared equally by the parties.

6.03.04 Level Four

If the grievant is not satisfied with the written response to his/her grievance at Level Two, and the parties do not agree to participate in Level Three, or the grievance is not resolved at Level Three, the aggrieved person may, within ten (10) days after a decision by the Superintendent/Designee, request in writing that the Association submit his/her grievance to arbitration. The Association, by written notice to the Superintendent/Designee, within fifteen (15) days after receipt of the request from the aggrieved person, may submit the grievance to arbitration. If any question arises as to the arbitrability of the grievance, such question shall be ruled upon by the arbitrator.

6.04 Arbitration

6.04.01 The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within five (5) days of the Association's submission of the grievance to arbitration, the District shall request a list of arbitrators from the State Mediation and Conciliation Service. The parties shall alternately strike names, the first strike being determined by lot. No issues shall be considered which have not been a part of the grievance from Level One.

6.04.02 The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as he/she judges to be proper. The decision of the arbitrator will be submitted to the Superintendent and the Association and will be final and binding upon the parties of this Agreement.

6.04.03 All costs for the services of the arbitrator, including but not limited to, per diem expenses, his/her travel and subsistence expenses and the cost of any hearing room will be borne equally by the Board and the Association. All other costs will be borne by the party incurring them.

6.04.04 The parties may agree to an expedited arbitration procedure in any particular case. If used, the parties agree to be bound by the expedited rules of the American Arbitration Association.

6.05 Miscellaneous

6.05.01 If a grievance arises from action or inaction on the part of a member of the administration at a level above the principal or immediate supervisor, the aggrieved person shall submit such grievance in writing to the Superintendent and the Association directly and the processing of such grievance will be commenced at Level Two. Time limits for appeal provided in each level shall begin the day following receipt of written decision by the parties in interest.

6.05.02 A reasonable number of representatives of the exclusive representative shall have the right to receive reasonable periods of released time without loss of compensation for the processing of grievances.

6.05.03 All documents, communications and records originating with the grievance will be filed in a separate grievance file and will not be kept in the personnel file of any of the participants.

6.05.04 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. A statement of this Agreement shall be in writing.

6.05.05 In the event a grievance is filed at such a time that it cannot be processed through all the steps in this grievance procedure by the end of the school year and, if left unresolved until the beginning of the following year, could result in harm to the aggrieved person, the time limits set forth herein will be reduced so that the procedure may be exhausted prior to the end of the school year or may be extended so resolution is attempted as soon as practicable.

6.05.06 Nothing contained herein shall be construed as limiting the right of any teacher to represent him/herself through Level Two of the procedure and have the grievance resolved without intervention of the Association provided the District shall not agree to a resolution of the grievance until the Association has received a copy of the grievance and the proposed resolution and been given the opportunity to file a response.

6.05.07 No reprisals of any kind will be taken by the Superintendent or by any member or representative of the administration or the Board against any aggrieved person, any party in interest, any member of the Association, or any other participant in the grievance procedure by reason of such participation.

6.05.08 If the administration fails to respond in writing to the grievant at any of the pre-arbitral levels of the procedure, the grievant may proceed to the next level.

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Last modified: January 12, 2004

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