12.1  Definition

12.1.1              A "grievance" is an allegation by a unit member that he/she has been adversely affected by a violation of any of the specific provisions of the Agreement, or by the Association that it has been adversely affected by a violation of any of the specific provisions of this Agreement that apply to the rights of the Association, or by the Association that three (3) or more members of the unit in substantially similar positions have been adversely affected by a violation of the same specific provisions of this Agreement.

12.1.2              A "grievant" is a member of the unit who pursues a grievance, or the Association which pursues a grievance within the parameters set forth in section 12.1.1.

12.1.3              A "day" is any faculty duty day during the fall and spring semesters, plus all days on which the District administrative offices of the Santa Monica Community College District are open for business between the end of the spring semester and the end of the six week summer session. By prior, written, mutual agreement, the days between the beginning of winter intersession and the end of the winter intersession may also count for a specific grievance.

12.1.4              A "conferee" is any person whom either party wishes to have as an adviser.

12.1.5              The "immediate supervisor" is the academic administrator having direct responsibility for the supervision of the employee.  When the Association is the grievant, the immediate supervisor will be the vice president who has immediate jurisdiction over the subject covered by the grievance or the Vice President, Human Resources.

12.2   Informal Procedure

12.2.1              The grievant shall attempt to informally resolve the grievance.  The grievant and his/her immediate supervisor or supervisor's designee shall make a good faith attempt to settle the grievance by resorting to an informal conference.  Either party may have a conferee present.

12.2.2              If the grievant is not satisfied with the decision rendered by the immediate supervisor, or if no decision is rendered within five (5) days of the informal conference, the grievant may proceed to the formal grievance procedure.  In any case, the formal grievance procedure form must be filed within the thirty (30) days described in section 12.3.1.

12.3  Formal Procedure (see Appendices G l, G 2, and G 3 for approved forms available in the Academic ö Human Resources Office)

Level One  Immediate Supervisor Decision

12.3.1              If the grievant is not satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the grievant knew, or by reasonable diligence could have known of the most recent condition upon which the grievance is based.  This form shall require a clear, concise, written statement of the grievance, including specific provisions of the Agreement alleged to have been violated, misapplied, or misinterpreted, the circumstances involved, the specific remedy sought, and the decision (if any) rendered at the informal conference.  A copy of said form shall be delivered to the appropriate administrator or designee and to the leader of the Faculty Association Professional Rights and Responsibilities Committee.

12.3.2              Any grievance which is rejected due to an allegation that it has been untimely filed is directly appealable on that issue alone to the Superintendent/President or designee within ten (10) days from the time the grievant receives notice of said rejection.  The appeal shall be in written form and include a clear, concise statement of the basis for the appeal.

The Superintendent/President or designee shall communicate in writing the decision reached within five (5) days.  If the Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the response, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone.

The non prevailing party at the arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c).

12.3.3              Within ten (10) days after receiving the grievance, the immediate supervisor or designee shall meet with the grievant.  Within these ten (10) days, and prior to the conference, the grievant may file an amended grievance form with the appropriate vice president or designee.  Either party to this conference may have a conferee present if a minimum of two (2) days notice in writing is given to the other party.

12.3.4              Within ten (10) days from the time of the conference, the immediate supervisor or designee shall provide a response in writing to the grievant, to the leader of the Faculty Association Professional Rights and Responsibilities Committee, and the Vice President, Human Resources or designee.

12.3.5              If the grievant does not elect to appeal the decision pursuant to section 12.3.6, the Association or the District may, within ten (10) days of the rendering of said decision, unilaterally declare it non precedent setting by filing written notice with the other party or designee.

Level Two

12.3.6              If the grievance is not resolved at the formal conference, the grievant may, within ten (10) days after receipt of the immediate supervisor's or designee's written response, submit an appeal on the appropriate form to the Superintendent/President or designee.  The statement of appeal shall include a copy of the original grievance, the decision rendered by the immediate supervisor, and a clear, concise statement of the reasons for appeal.

Alleged violations not presented at the formal conference may not be introduced at the appeal.  The scope of the appeal shall be confined to the issues and evidence adduced at the formal conference with the immediate supervisor.

The Superintendent/President or designee may meet with the grievant and shall communicate in writing the decision to the grievant no later than ten (10) days after receipt of the notice of appeal.  If a meeting is held, the Superintendent/President or designee has an additional five (5) days to file a written response; if no meeting is held, the written response shall be filed within ten (10) days of the filing of the Level Two appeal.

Either party to the conference may have a conferee present if a minimum of two (2) days notice is given in writing to the other party.

If the Superintendent/President or designee does not respond within the time limits provided, the grievant may proceed to arbitration.

12.3.7              If the thirty day time limit within which to file a formal grievance with the appropriate academic administrator extends beyond the last scheduled work day for the spring semester, the grievant and the appropriate administrator or designee may, by mutual agreement in writing, extend the time limit for the grievant to file said claim.  In no event shall the time limit be extended beyond the end of the third week of the ensuing fall semester.

Level Three  Arbitration

12.3.8

a.                     If the grievant is not satisfied with the decision at Level Two, or if the grievant elects to invoke the arbitration provision of section 12.3.2, the grievant may, within five (5) days after the decision by the Superintendent/President or designee, request in writing that the Association submit the grievance to arbitration.  A copy of this request shall be given to the Vice President, Human Resources.   The Association, by written notice to the Vice President, Human Resources, within fifteen (15) days after receipt from the grievant, may submit the grievance to impartial arbitration. 

b.                    If arbitration is requested, the grievant and the District shall attempt to agree upon an impartial arbitrator.  If no agreement can be reached, they shall request the California State Conciliation Service to supply a panel of five (5) names of persons experienced in hearing grievances in community college matters.  Each party shall alternately strike a name until one name remains.  The remaining panel member shall be the impartial arbitrator. The order of the striking shall be determined by lot.

c.                     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.

d.                     The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted, and provide an appropriate remedy.  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.  If any question arises as to whether or not the grievance is arbitrable, the question must be ruled upon by the arbitrator prior to hearing the merits of the grievance.

e.                     The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement.