Title 21 - Grievance Procedure

21.1 Definition

A grievance is defined as meaning any dispute regarding the application of the following:

1. Any rules, regulations, policies, or administrative procedures pertaining to the terms and conditions of employment of an employee which are created by resolution of the District's governing board, promulgated by the District’s General Manager, or set forth in the Employee Handbook; or
2. Any binding memoranda of understanding.
3. The discharge, transfer, promotion, suspension, or discipline of an individual employee.
   This procedure does not apply to instances of dissatisfaction by employees over their wage rates once such rates have been established by action of the District's Board of Directors following the meet and confer process.

21.2 Representation

In initiating and prosecuting a grievance an employee may represent him/herself or be represented by a representative of a recognized employee organization of which the employee is a member.

21.3 Time Limits

The time limits specified below may be extended for a reasonable period of time to a definite date and time by the mutual consent of the involved parties. The failure by the involved employee to meet any specified applicable time limit will constitute a withdrawal of the grievance. The failure by the involved employer representative to meet any specified applicable time limit will entitle the involved employee to take the next step in the grievance procedure.

21.4 Grievance Procedure Steps

Step 1

The employee, or one designated member of a group of employees, (and an employee organization official if desired by the employee) will first identify and discuss the grievance with the immediate supervisor. If it is not satisfactorily resolved, then:

Note: The immediate supervisor for the purposes of Steps 1 and 2 shall be the supervisor most immediate to the employee who has the authority to make corrective adjustments to the situation in question.

Step 2

The employee (and an employee organization official if desired by the employee) may reduce the grievance to writing and resubmit it to the immediate supervisor within twenty (20) working days after the facts or circumstances giving rise to the grievance are available to the employee. The supervisor will investigate any grievance properly submitted and give a decision on the matter within ten (10) working days from the day the written grievance was received. If it is not satisfactorily resolved, then:

Step 3

The employee (and an employee organization official if desired by the employee) may refer the matter to the appropriate Division Manager within ten (10) working days from the day the decision in Step 2 was received. The department head will give a decision on the matter within ten (10) working days from the day the grievance was received. If it is not satisfactorily resolved, then:

Step 4

The employee (and an employee organization official if desired by the employee) may refer the matter to the District's General Manager within ten (10) working days from the day the decision in Step 3 was received. The General Manager or his designated representative(s) will promptly schedule and conduct an informal hearing on the grievance and render a decision within ten (10) working days from the day on which the hearing is concluded, or at the request of the employee (and an employee organization official if desired by the employee) the General Manager shall appoint an objective and impartial third party to review all aspects of the grievance and make a recommendation to the General Manager.

Step 5

The employee (and an employee organization official if desired by the employee) may refer the matter to the District's Board of Directors within ten (10) working days from the day the decision in Step 4 was received. The Board of Directors will thereafter, as soon as the business of the Board will reasonably permit, conduct a hearing on the grievance and render a decision within ten (10) working days from the day on which the hearing is concluded. The decision of the Board of Directors will be final and binding.

21.5 Special Provisions

1. The employee initiating a grievance will be present during all steps of the procedure except as otherwise agreed by the District and the employee organization.
2. The grievance procedure starting at the fourth (4th) step, may also be employed by the District or the Union for any matters arising under binding memoranda of understanding.