Mark Twain Union ESD | AR 4244 Personnel
Complaints alleging unlawful discrimination on any basis specified in the district's nondiscrimination policies, including complaints of sexual harassment, shall be resolved in accordance with the district's procedure for complaints regarding discrimination in employment.
(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 4031 - Complaints Concerning Discrimination in Employment)
Complaints regarding unlawful discrimination in district programs or the district's failure to comply with state or federal laws regarding educational programs shall be resolved in accordance with the district's Uniform Complaint Procedures. Complaints regarding sufficiency of textbook materials, teacher vacancy or misassignment, and an urgent or emergency facility condition, shall be resolved in accordance with the district's Williams Uniform Complaint Procedures. (Education Code 35186; 5 CCR 4621)
(cf. 1312.3 - Uniform Complaint Procedures)
(cf. 1312.4 - Williams Uniform Complaint Procedures)
For complaints regarding working conditions or other subjects of negotiation, the employee shall use the grievance procedure specified in the applicable collective bargaining agreement.
Any of the time limits specified in this procedure may be extended by written agreement between the district and complainant.
A grievance is an alleged violation, misinterpretation, or misapplication of the terms of this Agreement. Actions to challenge or change the terms of this Agreement shall not be considered a grievance.
A grievant is a member of the bargaining unit covered by this Agreement who files a grievance. However, where there is a claimed good-faith belief by the Association that there has been a violation, misinterpretation, or misapplication of a written provision of this Agreement that directly and adversely affects all members of the unit; the Association may be the grievant.
A workday is any day when the district administration office is open for business.
Each party involved in a grievance shall act quickly so that the grievance may be resolved promptly. Every effort should be made to complete action within the time limits contained in the grievance procedure, but with the written consent of both parties the time limitation for any step may be extended.
Attendance at Hearing
The district agrees that bargaining unit members shall not suffer loss of compensation for time spent as a grievant, representative, or witness at a hearing held pursuant to this procedure, subject to the provisions under Section 4 below.
A bargaining unit member or his/her representative, or both, may have reasonable time to meet and prepare for each level of the grievance procedure with prior notification to the immediate supervisor.
Within ten days after the bargaining unit member knew or reasonably should have known of the event or circumstances occasioning the grievance, the grievant shall initially meet with his/her immediate supervisor in an attempt to resolve the grievance informally.
Level One - Immediate Supervisor
If the initial meeting fails to resolve the grievance to the satisfaction of the grievant, a formal grievance may be initiated in writing to the immediate supervisor not later than twenty days after the initial meeting. The formal document shall be a clear, concise statement of the grievance, citing specific sections of the Agreement allegedly violated, misinterpreted or misapplied, the circumstances involved, and the specific remedy sought. Within ten days after the filing of the Level One grievance, the immediate supervisor shall investigate the grievance and give his/her decision in writing to the grievant.
Level Two - District Superintendent
If the grievant is not satisfied with the decision rendered at Level One, he/she may appeal the decision within ten days to the Superintendent. The appeal shall include a copy of the original grievance, the decision rendered at Level One, and a clear, concise statement of the reasons for the appeal. Within fifteen days after the appeal is filed, the Superintendent shall investigate the grievance and give his/her decision in writing to the grievant.
Level Three - Mediation
If the Superintendent designee's response is not satisfactory to the grievant, the grievant shall have the right to refer the matter to the State Mediation and Conciliation Service ("SMCS"), provided CSEA agrees. Such referral shall be made by written demand submitted to the Superintendent or designee within 15 workdays of receipt of his/her decision. If the SMCS begins charging for its services, the district may refuse to participate in this process unless CSEA or the district agrees to pay for the cost of the Mediation.
On receipt of the demand for such mediation, the parties shall have five workdays in which to submit a request to SMCS to appoint a mediator. The recommendation of the mediator, if one is given, shall be advisory to the Governing Board. At its next meeting, which shall be no less than five working days following receipt of the mediators recommendation, the Board shall determine whether it will accept the mediators findings or proceed with their own decision. The decision of the Board shall be final.
Regulation MARK TWAIN UNION ELEMENTARY SCHOOL DISTRICT
approved: April 09, 2015 Angels Camp, California