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Item
20 - Grievance Procedure
20.1 Definition
A grievance is defined as meaning any dispute regarding
the application of the
following:
- 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
- This Resolution.
- 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.
20.2 Representation
In initiating and prosecuting a grievance, an employee
may represent him/herself or be represented.
20.3 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.
20.4 Grievance Procedure Steps
Step 1
The employee, or one designated member of a group of
employees, 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 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 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 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 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 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.
20.5 Special Provisions
- The employee initiating a grievance
will be present during all steps
of the procedure
except
as otherwise
agreed by
the District
and the
employee.
- The grievance procedure
starting at the fourth (4th) step may also
be employed
by
the District
or a management
and
confidential employee
for any
matters arising
under this Resolution.
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