Common use of Formal Procedure Clause in Contracts

Formal Procedure. Step 1 If a grievance is not resolved under the informal procedure, the grievance shall be reduced in writing on the grievance form and shall be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen (15) working days after the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall be distributed to the Superintendent. If the written grievance is not filed within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten (10) workdays of receipt of the written grievance, the immediate supervisor or Principal may meet with the grievant or request additional written information in an effort to resolve the grievance. The immediate supervisor or Principal shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, within five (5) work days of the Step 1 meeting. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and the Superintendent. If the grievant is not satisfied with the disposition of the grievance in Step 1, or if no disposition has been made within the above stated time limitations, the grievant shall notify the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five (5) working days from the date of the written disposition or five (5) days from the date such disposition should have been given in Step 1. Copies of said form shall be forwarded to the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given within the foregoing time limit, the grievance shall be considered waived and further action barred. Within ten (10) working days of his/her receipt of such written notice, the Superintendent shall meet with the grievant or may request additional information in an effort to resolve the grievance. The Superintendent shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition within five (5) days of the Step 2 meeting. Copies of this disposition shall be forwarded to the OAPSE Local #382 President, and the grievant’s immediate supervisor or Principal.

Formal Procedure. Step 1 If The parties acknowledge that it is usually most desirable for an employee and his/her immediately involved supervisor to resolve problems through free and informal communication. The Board recognizes the right of the Association to designate its grievance committee and principal grievance representative. At least one grievance committee representative shall be present for any meetings, hearing, appeals, or other proceedings relating to a grievance is not resolved under grievance, which has been formally presented. When requested by the informal procedureaggrieved person, the grievance representative may intervene to assist in the resolution. However, should such informal processes fail to satisfy the Aggrieved person or the Association, it shall be reduced stated in writing on by the Aggrieved Person that it is unresolved and proceed to Step 1, then a grievance form and shall be processed as follows: Step 1: A grievance must be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen within twenty (1520) working days after following the date on which the claimed violationaction being grieved became known, misinterpretation or misapplication occurredcould reasonably be expected to have been known, to the grievant. Copies The Aggrieved Person or the Grievance Committee of the form Association shall be distributed present the Grievance in writing to the Superintendent. If immediately involved supervisor, under the written grievance is not filed level of the Principal, who will arrange for a meeting to take place within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten (10) workdays of days after receipt of the written grievance, the immediate supervisor or Principal may meet with the grievant or request additional written information in an effort to resolve the grievance. The immediate supervisor or Principal Aggrieved Person, the Association representative, and the Immediately-Involved Supervisor shall indicate in writing be present for the meeting. The Immediately Involved Supervisor must provide the Aggrieved Person and the Association with a written answer on the Grievance within six (6) days after the meeting. Such answer shall include reasons upon which the decision was based. The filing of the Grievance at this step shall occur within ten (10) days after failure to reach agreement under Section 5.3 above. Should the Immediately-Involved Supervisor be the Principal, Step 1 shall be omitted. Step 2: If the grievance is not resolved at Step 1, then the Grievance Committee shall refer the Grievance to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, Principal within five six (56) work days after receipt of the Step 1 meeting. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and the Superintendent. If the grievant is not satisfied with the disposition of the grievance in Step 1, answer or if no disposition has been made within the above stated time limitations, the grievant shall notify the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five (5) working days from the date of the written disposition or five (5) days from the date such disposition should have been given in Step 1. Copies of said form shall be forwarded to the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given within the foregoing time limit, the grievance shall be considered waived and further action barred. Within ten (10) working days after the Step 1 meeting, whichever is the latter. The Principal shall arrange for a meeting with the representative of the Association's Grievance Committee to take place within ten (10) days of his/her receipt of the appeal. Each party shall have the right to include in its representation such witnesses and advisors, as it deems necessary to develop the facts pertinent to the Grievance. Upon conclusion of the hearing the principal will have six (6) days in which to provide his/her written noticedecision to the Association. Step 3: If the Grievance is not resolved in Step 1 or Step 2 as applicable, then the Grievance Committee shall refer the grievance to the Superintendent shall meet with within six (6) days after receipt of the grievant Step 1 or may request additional information in an effort to resolve Step 2 answer as applicable, or within ten (10) days after the grievanceStep 1 or Step 2 meeting, as applicable, whichever is the latter. The Superintendent shall indicate in writing arrange for a meeting with the representative of the Association's Grievance Committee to the grievant on the grievance form take place within ten (10) days of his/her disposition receipt of the grievance appeal. Each party shall have the right to include in its representation such witnesses and advisors as it deems necessary to develop facts pertinent to the reasons for said disposition within five Grievance. Upon conclusion of the hearing, the Superintendent will have six (56) days of the Step 2 meeting. Copies of this disposition shall be forwarded in which to provide his/her written decision to the OAPSE Local #382 President, and the grievant’s immediate supervisor or PrincipalAssociation.

Formal Procedure. Step 1 (see Appendices ▇-▇, ▇-▇, ▇-▇ and G-4 for approved forms available in the Human Resources Office). Level One 12.3.1 If a grievance the grievant is not resolved under satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the informal proceduregrievant knew, the grievance shall be reduced in writing on the grievance form and shall be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge by reasonable diligence could have known of the unit to most recent condition upon which the grievance is assignedbased. This form shall require a clear, not later than fifteen (15) working days after the date on which the claimed violationconcise, misinterpretation or misapplication occurred. Copies 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 distributed 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. If the written grievance is not filed /President or designee within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten (10) workdays days from the time the grievant receives notice of receipt said rejection. The appeal shall be in written form and include a clear, concise statement of the written grievance, basis for the immediate supervisor or Principal may meet with the grievant or request additional written information in an effort to resolve the grievanceappeal. The immediate supervisor Superintendent/President or Principal designee shall indicate communicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, decision reached within five (5) work days of the Step 1 meetingdays. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and If the Superintendent. If /President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the disposition of the grievance in Step 1, or if no disposition has been made within the above stated time limitationsresponse, 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 notify the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five (5) working days from the date of the written disposition or five (5) days from the date such disposition should have been given in Step 1. Copies of bear all reasonable expenses for said form shall be forwarded to the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given within the foregoing time limit, the grievance shall be considered waived and further action barred. hearing notwithstanding section 12.3.8(c). 12.3.3 Within ten (10) working days of his/her receipt of such written noticeafter receiving the grievance, the Superintendent 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 request additional information have a conferee present if a minimum of two (2) days notice in an effort writing is given to resolve the grievance. The Superintendent other party. 12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall indicate provide a response in writing to the grievant on grievant, to the grievance form his/her disposition leader of the grievance Faculty Association Professional Rights and Responsibilities Committee, and the reasons for said disposition 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 five ten (510) days of the Step 2 meetingrendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Copies 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 this disposition 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 forwarded confined to the OAPSE Local #382 President, issues and evidence adduced at the grievant’s formal conference with the immediate supervisor supervisor. The Superintendent/President or Principal.designee may meet with the grievant and shall communicate in writing the decision to the grievant no later than ten

Formal Procedure. Step 1 If a Except as is indicated in section 13.7 of this article, “Skipping Steps,” formal grievance is not resolved under the informal procedure, the grievance shall be reduced in writing on the grievance form and shall must be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen (15) working days after the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall be distributed to the Superintendent. If the written grievance is not filed at Step One within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten (10) workdays of receipt days following the time at which the employee and/or the Union could have reasonably been aware of the written grievance, existence of the immediate supervisor or Principal may meet with situation which is the grievant or request additional written information in an effort to resolve basis for the grievance. Failure to file within this time period shall preclude subsequent filing of the grievance. STEP ONE: The immediate supervisor grievance will be presented verbally or Principal shall indicate in writing by e-mail to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, within five (5) work days of the Step 1 meeting. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and the Superintendent. If the grievant is not satisfied with the disposition of the grievance in Step 1, or if no disposition has been made within the above stated time limitations, the grievant shall notify the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five (5) working days from the date of the written disposition or five (5) days from the date such disposition should have been given in Step 1. Copies of said form shall be forwarded to the OAPSE Local #382 President and the grievantemployee’s immediate supervisor or Principalby the grievant and/or the Union ▇▇▇▇▇▇▇. If such written notice of appeal is not given within the foregoing time limit, the grievance shall be considered waived and further action barred. Within ten (10) working days of his/her receipt of such written notice, the Superintendent shall meet The supervisor will then arrange for a discussion with the grievant or may request additional information in an effort employee and/or the ▇▇▇▇▇▇▇ to resolve the grievance. The Superintendent shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition be held within five (5) days after receiving the oral grievance. The supervisor will submit a written or oral answer to the grievant and/or ▇▇▇▇▇▇▇ within three (3) days after the arranged discussion. STEP TWO: If the grievance is not resolved at Step One, then within seven (7) days of the receipt of the Step 2 One answer, the grievant and/or the ▇▇▇▇▇▇▇ will present the grievance in writing at Step Two, which shall be with the Department Manager or designee. At this stage, the grievance shall include, at a minimum, a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied and the adjustment sought. Within five (5) days of receipt of the Step Two grievance, the Manager or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. Copies If the grievance is not resolved at this meeting, then within seven (7) days of this disposition the meeting, the Manager or designee shall forward an answer to the grievance to the grievant, with a copy to the union ▇▇▇▇▇▇▇ of record. STEP THREE: If the grievance is not resolved at Step Two, then within seven (7) days of receipt of the Step Two answer, the grievant and/or the ▇▇▇▇▇▇▇ will present the grievance in writing at Step Three which shall be forwarded the appropriate ▇▇▇▇, divisional Vice President or designee. Within fourteen (14) days of receipt of the Step Three grievance, the Vice President or designee will hold a meeting with the grievant and their Union representative(s). Appropriate University representatives may also participate in the meeting. If the grievance is not resolved at this meeting, then, within fourteen (14) days of the meeting, the Vice President or designee shall forward an answer to the OAPSE Local #382 Presidentgrievance to the grievant with a copy to the union ▇▇▇▇▇▇▇ of record. STEP FOUR: If the grievance is not resolved at Step Three, then within thirty (30) days of the receipt of the Step Three answer, the grievance may be filed with the Vermont Labor Relations Board. At this stage, the Labor Board will process the matter in accordance with the State Employees Labor Relations Act (SELRA) and its own rules and regulations. Each party shall bear the grievant’s immediate supervisor or Principalexpense of preparing and presenting its own case. Both sides shall retain whatever rights they may have under law to challenge the decisions of the VLRB. Unless otherwise mutually agreed upon, each arbitration hearing shall deal with not more than one grievance.

Formal Procedure. Step 1 (see Appendices GI1, GI2, GI3 and GI4 for approved forms available in the Human Resources Office). Level One 12.3.1 If a grievance the grievant is not resolved under satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the informal proceduregrievant knew, the grievance shall be reduced in writing on the grievance form and shall be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge by reasonable diligence could have known of the unit to most recent condition upon which the grievance is assignedbased. This form shall require a clear, not later than fifteen (15) working days after the date on which the claimed violationconcise, misinterpretation or misapplication occurred. Copies 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 distributed delivered to the appropriate administrator or designee and to the Chair of the Faculty Association Professional Rights and Contractual Grievance 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. If the written grievance is not filed /President or designee within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten (10) workdays days from the time the grievant receives notice of receipt said rejection. The appeal shall be in written form and include a clear, concise statement of the written grievance, basis for the immediate supervisor or Principal may meet with the grievant or request additional written information in an effort to resolve the grievanceappeal. The immediate supervisor Superintendent/President or Principal designee shall indicate communicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, decision reached within five (5) work days of the Step 1 meetingdays. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and If the Superintendent. If /President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the disposition of the grievance in Step 1, or if no disposition has been made within the above stated time limitationsresponse, the grievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. The nonIprevailing party at the arbitration hearing shall notify the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five (5) working days from the date of the written disposition or five (5) days from the date such disposition should have been given in Step 1. Copies of bear all reasonable expenses for said form shall be forwarded to the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given within the foregoing time limit, the grievance shall be considered waived and further action barred. hearing notwithstanding section 12.3.8(c). 12.3.3 Within ten (10) working days of his/her receipt of such written noticeafter receiving the grievance, the Superintendent 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 request additional information have a conferee present if a minimum of two (2) days notice in an effort writing is given to resolve the grievance. The Superintendent other party. 12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall indicate provide a response in writing to the grievant on grievant, to the grievance form his/her disposition Chair of the grievance Faculty Association Professional Rights and Contractual Grievance Committee, and the reasons for said disposition ViceI 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 five ten (510) days of the Step 2 meetingrendering of said decision, unilaterally declare it nonIprecedent setting by filing written notice with the other party or designee. Copies of this disposition shall be forwarded to Level Two 12.3.6 If the OAPSE Local #382 Presidentgrievance is not resolved at the formal conference, and the grievant’s immediate supervisor or Principal.grievant may, within ten

Formal Procedure. Step 1 a. Level One - If a grievance the grievant is not resolved under satisfied with the outcome of the informal procedureprocedures, the a claim as a formal grievance shall be reduced in writing on the grievance form and shall be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen (15using Form A) working days after the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall be distributed to the Superintendentprincipal and to the S.E.A. Professional Rights and Responsibilities Committee (PR&R), chairperson. If the written grievance is not filed within the foregoing time limit30 days of its occurrence, it will no longer exist. 1) Not later than three (3) days after a grievance is filed, the grievance shall be considered waived principal will notify the grievant and further action barred. All known documentation pertaining to the alleged grievance shall be attached at S.E.A. PR&R committee chairperson of the time of filing. Within ten (10) workdays of receipt and location of the written grievancemeeting, the immediate supervisor or Principal may meet with the grievant or request additional written information in an effort to resolve the grievance. The immediate supervisor or Principal which date shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, within not be later than five (5) work days after the date of notification. At that meeting, which shall be before the principal and designee, the grievant shall be present and an Association representative may be present if the grievant so requests. 2) Not later than three (3) days after the conclusion of the Step 1 meeting. Copies of this , the principal shall submit a disposition in writing (using Form B) to the grievant and a copy shall be forwarded given to the grievant, chairperson of the OAPSE Local #382 President, and the Superintendent. S.E.A. PR&R committee. b. Level Two - If the grievant is not satisfied with the disposition of the grievance in Step 1at Level One, or if no disposition has been made within the above stated time limitations, the grievant shall notify the Superintendent in writing that the he/she may file a written grievance is being appealed to Step 2. Such written notice must be filed on the grievance form (using Form A) with the Superintendent, chairperson of the S.E.A. PR&R committee within five (5) working days from the date of the written disposition or five (5) days from the date such disposition should have been given in Step 1. Copies of said form shall be forwarded to the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given within the foregoing time limit, the grievance shall be considered waived and further action barred. Within ten (10) working days of his/her receipt of such written notice, the Superintendent shall meet with the grievant or may request additional information in an effort to resolve the grievancedays. The Superintendent S.E.A. PR&R committee shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition within five (5) days after receipt, review the grievance and the administrator’s reply and if it desires, refer the matter in writing (using Form B) to the superintendent or his/her authorized representative. 1) Not later than three (3) days after receipt of such a request, the grievant and PR&R committee chairperson will be notified of the time and place of the meeting, which date shall not be later than five (5) days after the notification. The meeting shall include the superintendent and/or two (2) others as the superintendent shall designate, the grievant, and three (3) representatives of the S.E.A. PR&R committee. 2) The superintendent and designees shall within three (3) days after the hearing render their decision and the reasons therefore in writing (using Form B) to the grievant with copies to the principal and the PR&R committee chairperson. c. Level Three - If the grievant is not satisfied with the disposition of the grievance Level Two, the grievant may within five (5) days request in writing (using Form A) to the chairperson of the S.E.A. PR&R committee that the grievance be submitted to the Solon Board of Education. 1) The PR&R committee shall within five (5) days after receipt, review the grievance and the superintendent’s response, and if it desires, refer the matter in writing (using Form B) to the President of the Board of Education with copies to all parties in interest. 2) Not later than three (3) days after receipt of such a request, the grievant and the S.E.A. PR&R chairperson will be notified of the time and location of the meeting, which date shall not be later than ten (10) days after the date of notification. The meeting shall include the Solon Board or a committee of the Board consisting of at least three (3) members, the grievant, and three (3) representatives of the S.E.A. PR&R committee. The administration or designees may be included. 3) The Board shall within three (3) days following the above meeting render its decision and the reasons therefore in writing (using Form B) to all parties in interest. d. Level Four - In the event a grievance is unresolved after being processed through all steps of the Grievance Procedure, unless mutually waived, then within ten (10) days after the rendering of the decision at Step 2 meeting3, the grievant may submit the grievance to arbitration. Copies Within this ten (10) day period, the parties will meet to attempt to mutually agree upon an arbitrator. If such agreement is not reached, the parties will promptly request the American Arbitration Association to submit a panel of arbitrators and will choose one by the alternative strike method. 1) The following sections of this disposition shall be forwarded to the OAPSE Local #382 President, and the grievant’s immediate supervisor or Principal.Agreement are not grievable at Level Four: a) Awarding Contracts b) Student Discipline c) Educational Improvement d) Tutoring

Formal Procedure. Step 1 (see Appendices G-1, G-2, G-3 and G-4 for approved forms available in the Human Resources Office). Level One 12.3.1 If a grievance the grievant is not resolved under satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the informal proceduregrievant knew, the grievance shall be reduced in writing on the grievance form and shall be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge by reasonable diligence could have known of the unit to most recent condition upon which the grievance is assignedbased. This form shall require a clear, not later than fifteen (15) working days after the date on which the claimed violationconcise, misinterpretation or misapplication occurred. Copies 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 distributed 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. If the written grievance is not filed /President or designee within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten (10) workdays days from the time the grievant receives notice of receipt said rejection. The appeal shall be in written form and include a clear, concise statement of the written grievance, basis for the immediate supervisor or Principal may meet with the grievant or request additional written information in an effort to resolve the grievanceappeal. The immediate supervisor Superintendent/President or Principal designee shall indicate communicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, decision reached within five (5) work days of the Step 1 meetingdays. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and If the Superintendent. If /President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the disposition of the grievance in Step 1, or if no disposition has been made within the above stated time limitationsresponse, 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 notify the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five (5) working days from the date of the written disposition or five (5) days from the date such disposition should have been given in Step 1. Copies of bear all reasonable expenses for said form shall be forwarded to the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given within the foregoing time limit, the grievance shall be considered waived and further action barred. hearing notwithstanding section 12.3.8(c). 12.3.3 Within ten (10) working days of his/her receipt of such written noticeafter receiving the grievance, the Superintendent 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 request additional information have a conferee present if a minimum of two (2) days notice in an effort writing is given to resolve the grievance. The Superintendent other party. 12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall indicate provide a response in writing to the grievant on grievant, to the grievance form his/her disposition leader of the grievance Faculty Association Professional Rights and Responsibilities Committee, and the reasons for said disposition 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 five ten (510) days of the Step 2 meetingrendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Copies of this disposition shall be forwarded to Level Two 12.3.6 If the OAPSE Local #382 Presidentgrievance is not resolved at the formal conference, and the grievant’s immediate supervisor or Principal.grievant may, within ten

Formal Procedure. Step 1 No grievance shall be recognized unless it shall have been presented within twenty (20) days after the aggrieved person knew, or reasonably should have known, of the act or condition and its aggrieving nature that forms the basis of the grievance. 16.4.1 LEVEL I – SCHOOL SITE ADMINISTRATOR (IMMEDIATE SUPERVISOR/MANAGER) 16.4.1.1 If a grievance is not resolved under satisfied with the solution proposed in the informal procedure, the employee may file a written grievance on a form which shall be reduced in writing on provided by the grievance form and shall be filed with District. 16.4.1.2 The grievant must set forth the OAPSE Local #382 Presidentalleged violation, misapplication or misinterpretation of the Agreement, the specific sections allegedly violated, and then the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen proposed remedy sought. 16.4.1.3 Within five (155) working days after the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall be distributed to the Superintendent. If the written grievance is not filed within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten (10) workdays of receipt of the written grievancegrievance the aggrieved, the immediate supervisor with or Principal may without a representative, shall meet with the grievant immediate supervisor/manager or request additional written information site administrator, who may have a representative present, in an effort attempt to resolve settle the grievance. . 16.4.1.4 The site administrator/immediate supervisor or Principal supervisor/ manager shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, within five ten (510) work days of the Step 1 meeting. Copies of this disposition shall be forwarded Level I conference, render a decision, in writing, to the grievant, the OAPSE Local #382 PresidentCSEA, and the SuperintendentHuman Resources. (1995-96) 16.4.2 LEVEL II – SUPERINTENDENT OR DESIGNEE 16.4.2.1 If the grievant is not satisfied with the disposition of the grievance in Step 1at Level I, or if no disposition decision has been made rendered within fifteen (15) days after the above stated time limitationspresentation of the grievance in writing, the grievant shall notify may forward the written grievance to the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five (5) working days from after the date response to the Level I grievance was presented, whichever is sooner. 16.4.2.2 Within ten (10) days after receipt of the written disposition grievance by the Superintendent, the Superintendent or five designee shall meet with the aggrieved person and the representative (5if desired) in an effort to resolve the matter. The Superintendent may have a representative at such meeting. 16.4.2.3 Within ten (10) days from after meeting with the date such disposition should have been given grievant, the Superintendent shall transmit a copy of the grievance and his/her proposed resolution of it to the grievant and the exclusive representative. (2007-08) 16.4.3 LEVEL III – ARBITRATION 16.4.3.1 If a grievance is not resolved at Levels I or II, the Union may request, in Step 1writing, a hearing before an arbitrator. Copies of said form The request shall be forwarded to filed in the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given Human Resources Department within the foregoing time limit, the grievance shall be considered waived and further action barred. Within ten (10) working days of his/her after receipt of such the written notice, decision of the Superintendent shall meet with the grievant or may request additional information in an effort to resolve the grievancedesignee at Step II. The Superintendent Union shall indicate in writing retain the right to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition within five (5determine which grievance(s) days of the Step 2 meeting. Copies of this disposition shall be forwarded may proceed to the OAPSE Local #382 President, and the grievant’s immediate supervisor or Principalarbitration.

Formal Procedure. Step 1 If a A. Level One 1. Should the aggrieved party not be satisfied with the disposition of grievance is not resolved under in the informal procedure, he shall within fifteen (15) days of the incident causing the grievance, file a written grievance with his/her immediate supervisor. A copy of the grievance shall be reduced in writing on the grievance form and shall be filed with the OAPSE Local #382 Superintendent and the Union President. 2. Within three (3) days following the filing of a formal grievance, and then the immediate grievance representative shall have the right to an interview with the supervisor or Principalfor the purpose of obtaining information pertinent to the case. No sooner than three (3) days, whomever is in charge nor later than six (6) days following the interview, the supervisor shall call a formal hearing of the unit to which the grievance is assigned, not later than fifteen (15) working days after the date parties in interest. The supervisor shall take action on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall be distributed to the Superintendent. If the written grievance is not filed within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten (10) workdays of receipt of the written grievance, the immediate supervisor or Principal may meet with the grievant or request additional written information in an effort to resolve the grievance. The immediate supervisor or Principal shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, within five (5) work days of the Step 1 meeting. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and the Superintendent. If the grievant is not satisfied with the disposition of the grievance in Step 1, or if no disposition has been made within the above stated time limitations, the grievant shall notify the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five (5) working days from the date of the written disposition or five (5) days from the date such disposition should have been given in Step 1. Copies of said form shall be forwarded to the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given within the foregoing time limit, the grievance shall be considered waived and further action barred. Within ten (10) working days of his/her receipt of such written notice, the Superintendent shall meet with the grievant or may request additional information in an effort to resolve the grievance. The Superintendent shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition within five (5) days of the Step 2 conclusion of the hearing. The action taken and the reasons for the action shall be reduced to writing and copies shall be sent to the grievant, Superintendent and President of the Union. 3. If the aggrieved party and the immediate supervisor agree upon the resolution of the grievance at this meeting, the immediate supervisor's report is to be written and agreed to by both parties at that time. Copies If not, the grievance goes on to Level Two, unless the union notifies the Superintendent within five (5) days. 4. Should any new evidence be presented at the formal hearing, both sides may have three (3) days in which to render a written decision. B. Level Two 1. Within ten (10) days of notification that a grievance still exists, the Superintendent, or his designated representative, shall conduct a hearing involving all parties in interest. 2. If the aggrieved party and the Superintendent agree upon the resolution of the grievance at this meeting, the Superintendent's report is to be written and agreed to by both parties at that time. If not, the grievance goes on to Level Three, unless the Union notifies the Superintendent otherwise within five (5) days. C. Level Three 1. If within fifteen (15) days of the Superintendent's decision the aggrieved person is not satisfied, he/she may request the Union to serve written notice to the Superintendent of its intent to arbitrate the grievance. The arbitrator will be selected by the meet and strike method, from a list of seven (7) names furnished by the Federal Mediation and Conciliation Service. All other procedures relative to the hearing(s) with the arbitrator will be in accordance with the rules and regulations of the Federal Mediation and Conciliation Service. The arbitrator will conduct the necessary hearing(s) and issue a decision within the time limit, as agreed to by the Union, the Board and the arbitrator. The arbitrator shall have no power to add to subtract from, disregard, alter, or modify any of the terms of this disposition Agreement. The decision of the arbitrator shall be forwarded to final and binding. The fees and expenses of the OAPSE Local #382 President, arbitrator shall be shared equally by the Board and the grievant’s immediate supervisor Union. Any other expenses shall be borne by the party incurring them except that any employees who are witnesses, building representatives or Principalthe grievant shall not lose pay when the hearing is conducted during that employee's regular hours of work.

Formal Procedure. Step 1 No grievance shall be recognized unless it shall have been presented within twenty (20) days after the aggrieved person knew, or reasonably should have known, of the act or condition and its aggrieving nature that forms the basis of the grievance. 16.4.1 LEVEL I – SCHOOL SITE ADMINISTRATOR (IMMEDIATE SUPERVISOR/MANAGER) 16.4.1.1 If a grievance is not resolved under satisfied with the solution proposed in the informal procedure, the employee may file a written grievance on a form which shall be reduced in writing on provided by the grievance form and shall be filed with District. 16.4.1.2 The grievant must set forth the OAPSE Local #382 Presidentalleged violation, misapplication or misinterpretation of the Agreement, the specific sections allegedly violated, and then the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen proposed remedy 16.4.1.3 Within five (155) working days after the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall be distributed to the Superintendent. If the written grievance is not filed within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten (10) workdays of receipt of the written grievancegrievance the aggrieved, the immediate supervisor with or Principal may without a representative, shall meet with the grievant immediate supervisor/manager or request additional written information site administrator, who may have a representative present, in an effort attempt to resolve settle the grievance. . 16.4.1.4 The site administrator/immediate supervisor or Principal supervisor/ manager shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, within five ten (510) work days of the Step 1 meeting. Copies of this disposition shall be forwarded Level I conference, render a decision, in writing, to the grievant, the OAPSE Local #382 PresidentCSEA, and the SuperintendentHuman Resources. (1995-96) 16.4.2 LEVEL II – SUPERINTENDENT OR DESIGNEE 16.4.2.1 If the grievant is not satisfied with the disposition of the grievance in Step 1at Level I, or if no disposition decision has been made rendered within fifteen (15) days after the above stated time limitationspresentation of the grievance in writing, the grievant shall notify may forward the written grievance to the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five (5) working days from after the date response to the Level I grievance was presented, whichever is sooner. 16.4.2.2 Within ten (10) days after receipt of the written disposition grievance by the Superintendent, the Superintendent or five designee shall meet with the aggrieved person and the representative (5if desired) in an effort to resolve the matter. The Superintendent may have a representative at such meeting. 16.4.2.3 Within ten (10) days from after meeting with the date such disposition should have been given grievant, the Superintendent shall transmit a copy of the grievance and his/her proposed resolution of it to the grievant and the exclusive representative. (2007-08) 16.4.3 LEVEL III – ARBITRATION 16.4.3.1 If a grievance is not resolved at Levels I or II, the Union may request, in Step 1writing, a hearing before an arbitrator. Copies of said form The request shall be forwarded to filed in the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given Human Resources Department within the foregoing time limit, the grievance shall be considered waived and further action barred. Within ten (10) working days of his/her after receipt of such the written notice, decision of the Superintendent shall meet with the grievant or may request additional information in an effort to resolve the grievancedesignee at Step II. The Superintendent Union shall indicate in writing retain the right to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition within five (5determine which grievance(s) days of the Step 2 meeting. Copies of this disposition shall be forwarded may proceed to the OAPSE Local #382 President, and the grievant’s immediate supervisor or Principalarbitration.

Formal Procedure. Step 1 If a grievance is not resolved under the informal procedure, the grievance shall be reduced in writing on the grievance form and shall be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen (15) working days after the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall be distributed to the Superintendent. If the written grievance is not filed within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filingLevel 1. Within ten seven (107) workdays days of receipt of the written a formal grievance, the immediate supervisor or Principal may building principal shall meet with the grievant or request additional written information in an effort to resolve the grievanceaggrieved Staff Member. The immediate supervisor or Principal shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, within five (5) work days of the Step 1 meeting. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and the Superintendent. If the grievant is not satisfied with the disposition of the grievance in Step 1, or if no disposition has been made within the above stated time limitations, the grievant shall notify the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five (5) working days from the date of the written disposition or Within five (5) days from the date following any such disposition should have been given in Step 1. Copies of said form shall be forwarded to the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given within the foregoing time limitmeeting, the grievance principal shall be considered waived and further action barred. Within ten (10) working days of give his/her answer in writing. If the grievance is not settled at this level, then it may be referred to Level 2 within seven (7) days of receipt of such written noticeany answer given at this level. Level 2. Within seven (7) days of a grievance being referred to this level, the Superintendent shall or designee will meet with the grievant or may request additional information in an effort to resolve participants of Level 1 and examine the facts of the grievance. The Superintendent shall indicate in writing to the grievant on the grievance form give his/her disposition written answer within seven (7) days of any such meeting. If the grievance is not settled at this level, then within seven (7) days from receipt of the answer rendered at this level, the grievance may be referred to ▇▇▇▇▇ ▇, the School Board. Level 3. Within fourteen (14) days of a grievance being referred to this level, the Board will hold a hearing with the participants and examine the reasons for said disposition facts of the grievance. The Board will thereafter, within five fourteen (514) days of such hearing, give its answer, in writing. If the grievance is still not settled, the matter may be referred to arbitration by the Association as set forth in Level 4 of this procedure. Level 4. If the matter is referred to arbitration, then the parties shall first attempt to agree on a mutually acceptable arbitrator. If they are unable to do so within fourteen (14) days of the Step 2 meetingAssociation’s request for arbitration, then either party shall apply to the American Arbitration Association to name an arbitrator under the rules and procedures of the service. Copies The arbitrator shall use his/her best efforts to arbitrate the grievance, including such matters of this disposition procedural and substantive arbitrability, but he/she shall have no power to add to or subtract from, alter, or modify any of the said provisions. The arbitrator shall thereafter submit a written decision to both parties. The parties agree to share equally in the compensation and expenses of the arbitrator. The arbitrator’s decision shall be forwarded advisory on both parties. Nothing contained herein shall be construed to deny to either party the OAPSE Local #382 Presidentright to take action under RSA 273-A:5,I. (h), A:5II. (f) and the grievant’s immediate supervisor or PrincipalRSA 273-A:15.

Formal Procedure. Step 1 If a grievance 4.4.1 Level II – In the event that the grievant is not resolved under satisfied with the informal proceduredecision at Level I, the grievant must present such grievance shall be reduced in writing on to the grievance form and shall be filed with the OAPSE Local #382 PresidentImmediate Supervisor within 10 days, and then the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen (15) working days after the date on which the claimed violation, misinterpretation or misapplication occurredwaived. Copies This shall contain a clear and concise statement of the form grievance, the circumstances involved, the decision rendered at the informal conference, and the specific remedy sought. The Immediate Supervisor shall be distributed communicate a decision to the Superintendent. If the written grievance is not filed employee in writing within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten (10) workdays days after receiving the grievance. If the Immediate Administrator does not respond within the time limits, the grievant may appeal to the next level. Within the foregoing time limits, either party may request a personal conference to discuss the grievance. Either the grievant or the Immediate Supervisor may have a conferee present at such a conference. 4.4.2 Level III - In the event the grievant is not satisfied with the decision at Level II, the grievant may appeal the decision to the Assistant Superintendent, Human Resources within ten (10) days of receipt of the decision. This written appeal statement shall include a copy of the original grievance, the immediate supervisor or Principal may meet with the grievant or request additional written information in an effort to resolve the grievance. The immediate supervisor or Principal shall indicate in writing to the grievant on the grievance form his/her disposition decision rendered at previous levels, and a clear, concise statement of the grievance and the reasons for said dispositionthe appeal. A personal conference shall be held within the time limits to discuss the grievance unless the parties mutually agree to waive this requirement. Either party may have a conferee present at such conference. “The Assistant Superintendent, Human Resources shall communicate a written decision within five ten (510) work days of receipt of the Step 1 meeting. Copies of this disposition shall be forwarded appeal.” If the Assistant Superintendent, Human Resources does not respond within the time limits, the grievant may appeal to the grievant, the OAPSE Local #382 President, and the Superintendent. next level. 4.4.3 Level IV - If the grievant is not satisfied with the disposition decision at Level III, the employee may, within ten (10) days of receipt of the grievance in Step 1decision, or if no disposition has been made within appeal the above stated time limitationsdecision to the Superintendent. This written appeal statement shall include a copy of the original grievance, the appeals, the decision rendered at the appeal. The Superintendent shall communicate a written decision within ten (10) days of receipt of the appeal. Either the grievant shall notify or the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five (5) working days from the date of the written disposition or five (5) days from the date such disposition should have been given in Step 1. Copies of said form shall be forwarded to the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given may request a personal conference within the foregoing time limit, limits to discuss the grievance grievance. Such personal conference shall be considered waived held regarding appeals of discipline pursuant to Article VII. 4.4.4 Level V - Grievances which have not been resolved at Level IV, which the Association desires to contest further, and further action barredwhich involve an express violation of a specific provision of this Agreement as provided above, may be submitted to Arbitration provided the Association gives written notice to the District of its intent to arbitrate within ten (10) working days after the decision rendered at Level IV. The provisions of the following articles shall not be subject to arbitration: Article I, Recognition; Article II, No Discrimination (except to the extent that a claim of discrimination arises as part of an arbitration pursuant to Article VII - Disciplinary Action); Article III, Employer Rights and District Powers; Article V, Section 5.2 (except to the extent noted therein); Article XVII, ▇▇▇▇▇▇; and Article XVIII, Reclassification (except to the extent noted therein). Within ten (10) working days of his/her receipt of after sending the District such written noticenotice of intent to arbitrate, the Superintendent Association shall meet request a list of qualified arbitrators from the State Mediation and Conciliation Service, and the arbitrator shall be selected in accordance with the grievant rules and procedures of the State Mediation and Conciliation Service. The arbitrator shall have no power to alter, amend, change, add to, or may request additional information subtract from any of the terms of this Agreement. He shall only find whether there has been a violation of the express terms of this Agreement and what, if any, remedy is awarded for that violation of this Agreement in an effort to resolve the respect alleged in the grievance. The Superintendent findings of the arbitrator shall indicate be based solely upon the evidence and arguments presented to him by the respective parties in writing the presence of each other, except to the grievant on extent that post-hearing briefs are filed. Such post-hearing briefs, if any, shall be based solely upon the grievance form his/her disposition evidence presented by the respective parties in the presence of each other. This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall, therefore, not have authority, nor shall he consider it his function, to decide any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practice of the parties in interpreting or applying terms of this Agreement may be relevant evidence, but shall not be used so as to justify, or result in what is in effect a modification (whether by addition or by detraction) of the written terms of this Agreement. The arbitrator shall not make any decision or award, or fail to make any decision or award, merely because in his opinion such decision or award is fair or equitable. No findings by the arbitrator shall be retroactive beyond the beginning of the fifteen (15) day period specified in Level II of the grievance and procedure set forth in Article 4.4.1 or the reasons for said disposition within five (5) days occurrence of the Step 2 meetinggrievance, whichever is the most recent. Copies The arbitrator shall have no power to grant an award on any grievance based on facts or actions which occurred before or after the term of this disposition Agreement. The findings of the arbitrator which are within the limits herein prescribed shall be forwarded final and binding on all parties. Fifty percent of all expenses of the arbitration to be paid by each party. Each party shall bear the OAPSE Local #382 Presidentexpense of the presentation of his own case. The arbitrator may hear and determine only one grievance at a time unless the parties expressly agree otherwise. All documents, communications and records dealing with the grievant’s immediate supervisor or Principalprocessing of a grievance shall be filed in a separate file and shall not be kept in the personnel file of any of the participants. Upon request, the names of all participants in a given grievance shall be removed from all documents after one year from the date of the final resolution of the grievance.

Formal Procedure. Step 1 If For purposes of Section 7.4 the required timelines shall begin on the first (1st) day following the date of receipt of a grievance is not resolved under by the Office of Education or the first (1st) day following receipt of the Office of Education decision by the grievant. A. Level I Within twenty-five (25) days of the occurrence, or within twenty-five (25) days of when the unit member could reasonably have known of the occurrence of the act or omission giving rise to the grievance, the grievant must present his grievance in writing utilizing the designated grievance form, included as Appendix “D” in this agreement to his/her immediate administrator. On this form the unit member shall make a clear and concise statement of the grievance, the circumstances involved, and the specific article(s) that was allegedly violated, the decision rendered at the informal procedureconference, and the grievance specific remedy sought. The immediate administrator shall be reduced communicate a decision to the unit member in writing on the grievance form and shall be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen within ten (1510) working days after from the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall be distributed to the Superintendent. If the written grievance is received by the immediate administrator. If the immediate administrator does not filed respond within the time limits, the grievant may appeal to the next level. Within the foregoing time limit, limit either party may request a personal conference to discuss the grievance shall be considered waived and further action barredgrievance. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten (10) workdays of receipt of the written grievance, the immediate supervisor or Principal may meet with Either the grievant or request additional written information in an effort to resolve the grievance. The immediate supervisor or Principal shall indicate in writing to administrator may have a conferee present at such a conference. B. Level II In the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, within five (5) work days of the Step 1 meeting. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and the Superintendent. If event the grievant is not satisfied with the disposition of the grievance in Step 1, or if no disposition has been made within the above stated time limitationsdecision at Level I, the grievant may appeal the decision to the Division Administrator, within ten (10) days after receiving the decision at Level I. This written appeal statement shall notify include a copy of the Superintendent in writing that original grievance, the decision rendered at Level I and a clear, concise statement of the reasons for the appeal. The parties shall convene a meeting to discuss the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five ten (510) working days from the date of the written disposition filing of the Level II documents. Either party may have a conferee present at such a conference. By mutual agreement of the parties, additional conferees may be present at the conference. The Division Administrator, or five his/her designee, shall communicate a decision within ten (510) days from the date such disposition should have been given in Step 1the Level II conference is held by the Division Administrator. Copies of said form shall be forwarded If the Division Administrator, or his/her designee, does not respond within the time limits, the grievant may appeal to the OAPSE Local #382 President and next level. C. Level III In the grievant’s immediate supervisor or Principal. If such written notice of appeal event the grievant is not given within satisfied with the foregoing time limitdecision at Level II, the grievance shall be considered waived and further action barred. Within grievant may appeal the decision to the Superintendent, within ten (10) working days after receiving the decision at Level II. The written appeal statement shall include a copy of his/her receipt of such written noticethe original grievance, the Superintendent shall meet with the grievant or may request additional information in an effort to resolve the grievance. The Superintendent shall indicate in writing to the grievant on the grievance form his/her disposition decisions rendered at previous levels, and a clear, concise statement of the grievance and the reasons for said disposition the appeal. The parties shall convene a meeting to discuss the grievance within five ten (510) days of the Step 2 meetingfiling of the Level III documents. Copies Either party may have two conferee(s) present at such a conference. By mutual agreement of this disposition the parties, additional conferees may be present at the conference. The Superintendent, or his/her designee, shall be forwarded communicate a decision within ten (10) days from the date the conference is held by the Superintendent. If the Superintendent, or his/her designee, does not respond within the time limits, the grievant may appeal to the OAPSE Local #382 President, and the grievant’s immediate supervisor or Principalnext level.

Formal Procedure. Step 1 If a grievance is In the event these timelines cannot resolved under be met, they may be extended by mutual agreement of the informal procedure, appropriate administrator and the grievance shall be reduced in writing on the grievance form and shall be filed with the OAPSE Local #382 President, and then Union. (a) The grievant(s) will contact the immediate supervisor or Principal, whomever is in charge and/or the principal/assistant principal (K- 12) of the unit to which the grievance is assignedbuilding involved, not later than fifteen (15) working days after the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall be distributed to the Superintendent. If the written grievance is not filed within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten (10) workdays of receipt of the written grievance, the immediate supervisor or Principal may meet with the grievant or request additional written information in an effort to resolve the grievance. The immediate supervisor or Principal shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, within five (5) work days of the Step 1 meeting. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and the Superintendent. If the grievant is not satisfied with the disposition of the grievance in Step 1, or if no disposition has been made within the above stated time limitations, the grievant shall notify the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendentmatter informally, within five (5) working days from the date after a reasonable person should have been aware of the written disposition alleged violation. (b) If a satisfactory agreement cannot be reached in Step 1(a), the grievant(s) will discuss it with the building principal (K-12) or the appropriate administrator within ten (10) working days after a reasonable person should have been aware of the alleged violation and five (5) working days from after they have completed Step 1(a) before proceeding to Step 2. If the date such disposition administrator responsible for handling the grievance in Step 1(b) is the same person that handled the grievance in Step 1(a) the grievant and the Union will skip Step 1(b) and proceed to Step 2 within ten (10) working days after a reasonable person should have been given in aware of the alleged initial violation. Step 1. Copies of said form shall be forwarded 2 Statement to the OAPSE Local #382 President and Principal or Appropriate Administrator The grievant or the grievant’s immediate supervisor Union shall present a written statement on an official grievance form of the alleged violation to the Principal or Principalother appropriate administrator within ten (10) working days of the completion of Step 1(b). If such written notice The Principal shall, within ten (10) working days of appeal is not given within the foregoing time limitreceipt of the grievance, confer with the grievance shall be considered waived and further action barredgrievant and/or his/her representative to try to resolve the grievance. Within ten (10) working days after the completion of the conference, the Principal or other appropriate administrator shall give his/her receipt written decision. A copy of such written notice, the decision shall be given to the Union and the grievant(s). Step 3 Appeal to the Superintendent shall meet with In the event the grievance has not been resolved in the First Step, the grievant or the Union may request additional information file an appeal to the Superintendent or his/her designee. The Step 3 designee shall not be the same administrator as the one who heard the grievance at Step 2. The appeal shall be made within ten (10) days of the receipt of the Step 2 decision. The Superintendent or his/her designee shall confer with the Union in an effort to resolve the grievancegrievance within ten (10) working days of receipt of the appeal. The Superintendent Superintendent, within ten (10) working days following the conference, shall indicate in writing to the grievant on the grievance form file his/her disposition of written decision with the grievance grievant and the reasons for said disposition within five (5) days of the Step 2 meeting. Copies of this disposition shall be forwarded to the OAPSE Local #382 President, and the grievant’s immediate supervisor or PrincipalUnion.

Formal Procedure. Step 1 If resolution is not reached in the Informal Procedure, an RN who wishes to pursue a grievance is not resolved under will follow the informal following procedure, : 22.4.1 Step One: The RN may submit a written grievance to the grievance shall be reduced in writing on Medical Center's Human Resources department within 21 days from the grievance form and shall be filed with date when the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge RN should have known of the unit to occurrence on which the grievance is assignedbased, whether or not later than fifteen (15) working days after the RN has utilized the Informal Procedure under 22.3. 22.4.1.1 The written grievance will describe the alleged breach of this Agreement, the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall alleged breach, and the Agreement section(s) involved. 22.4.1.2 The grievance will be distributed referred to the SuperintendentRN's immediate supervisor, who will review the matter and answer the grievance in writing. The answer will be sent to the RN and a copy will be emailed to the bargaining unit RN designated by the 22.4.2 Step Two: If the written grievance is was submitted as provided above and not filed within resolved to the foregoing time limitRN's satisfaction at Step One, the RN may present the grievance shall be considered waived and further action barred. All known documentation pertaining in writing to the alleged RN's department director within 14 days following the date the answer was sent at Step One. 22.4.2.1 The department director or his/her designee will then meet to discuss the grievance shall be attached at with the time of filing. Within ten (10) workdays grieving RN and another RN designated by the Association within 14 days of receipt of the written grievanceStep Two presentation, the immediate supervisor or Principal may meet with the grievant or request additional written information in an effort to resolve the grievance. The immediate supervisor or Principal shall indicate and will respond in writing to the grievant on RN and the RN designated by the Association to receive grievance form his/her disposition responses at this level of the procedure. The response will be sent promptly after review of the grievance and by the reasons for said dispositiondepartment director or designee, within five (5) work but no later than 14 days after the meeting or, if no meeting has been held, 21 days after receipt of the Step 1 meeting. Copies of this disposition shall be forwarded Two presentation. 22.4.3 Step Three: If the grievance was submitted as provided above and not resolved to the grievantRN's satisfaction at Step Two, the OAPSE Local #382 President, and grieving RN may make a written request to the Superintendent. If the grievant is not satisfied with the disposition Vice President of the grievance in Step 1, or if no disposition has been made within RN's division for review of the above stated time limitations, the grievant shall notify the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendentgrievance, within five (5) working 14 days from following the date of the written disposition response at Step Two. 22.4.3.1 The Vice President or five (5) days from the date such disposition should have been given in Step 1. Copies of said form shall be forwarded to the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given within the foregoing time limit, the grievance shall be considered waived and further action barred. Within ten (10) working days of his/her designee will then meet to discuss the grievance with the grieving RN and a representative of the Association within 14 days of receipt of such the Step Three written notice, the Superintendent shall meet with the grievant or may request additional information in an effort to resolve the grievancerequest. The Superintendent shall indicate Vice President or designee will respond in writing to the grievant on RN and the grievance form his/her disposition Association promptly after review of the grievance and grievance, but no later than 14 days after the reasons for said disposition within five (5) meeting or, if no meeting has been held, 21 days after receipt of the Step 2 meeting. Copies of this disposition shall be forwarded to the OAPSE Local #382 President, and the grievant’s immediate supervisor or PrincipalThree written request.

Formal Procedure. Step 1 A. If a grievance the grievant is not resolved under satisfied with the informal procedurediscussion in the Informal Procedure, he/she shall submit a written grievance to his/her building Principal within five (5) days of the Informal Procedure. The written grievance shall be reduced in writing on cite the grievance form and shall be filed with the OAPSE Local #382 Presidentspecific articles, sections, and then paragraphs alleged to be violated, and will also state the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen specific remedy sought. B. The building Principal shall schedule and hold a meeting within five (155) working days after the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall be distributed to the Superintendent. If the written grievance is not filed within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten (10) workdays of receipt of the written grievance. Present at this meeting shall include the grievant(s), the immediate supervisor or Principal may meet with and if the grievant or request additional written information in an effort to resolve so desires, a representative of his/her own choosing and the grievance. building Principal, and if the building Principal desires, a representative of his/her own choosing. C. The immediate supervisor or building Principal shall indicate will transmit his/her decision in writing with reasons upon which the decision was based, to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, within five (5) work days of after the Step 1 meeting. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and the Superintendent. meeting was held. A. If the grievant is not satisfied with the disposition of the grievance in at Step 1, I or if no disposition decision has been made within the above stated time limitations, the grievant shall notify the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, rendered within five (5) working days from the date after presentation of the written disposition grievance, the grievance may be referred to the Superintendent or his/her designee in his/her absence. The request for Step II appeal shall be accompanied by the grievance, Principal’s decision, and reasons for the request. B. The Superintendent shall arrange for a meeting to take place within five (5) days from of the date such disposition should have been given in Step 1. Copies receipt of said form shall be forwarded the appeal. C. Upon conclusion of the meeting, the Superintendent will provide his/her written decision to the OAPSE Local #382 President grievant, Association, and building Principal if involved within five (5) days. Such written decision shall include reasons upon which the grievant’s immediate supervisor or Principal. decision was based. D. If such written notice of appeal the Association is not given within the foregoing time limitrepresentative for a grievant, a spokesperson for the grievance shall Association may be considered waived and further action barred. Within ten (10) working days present to submit the Association's views on the grievance. A. If the grievant is not satisfied with the disposition of his/her receipt of such written noticegrievance at Step II, the Superintendent shall meet he or she may file an appeal with the grievant or may request additional information board of education in an effort to resolve writing, using the grievance. The Superintendent shall indicate in writing to the grievant on the grievance official form his/her disposition which is part of the grievance and the reasons for said disposition this procedure, within five (5) days of the Step 2 meeting. Copies II response. B. The board will hear the appeal at its next regularly scheduled meeting or a special board meeting which has been called within forty-five (45) days of this disposition the receipt of the appeal. C. At the conclusion of the hearing, the Board shall be forwarded render its decision by vote of the members present and shall transmit its decision in writing to the OAPSE Local #382 Presidentgrievant, the building Principal, if involved, the Superintendent, and the grievant’s immediate supervisor or PrincipalAssociation.

Formal Procedure. Step 1 (see Appendices G-l, G-2, G-3 and G-4 for approved forms available in the Human Resources Office) Level One - Immediate Supervisor Decision 12.3.1 If a grievance the grievant is not resolved under satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the informal proceduregrievant knew, the grievance shall be reduced in writing on the grievance form and shall be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge by reasonable diligence could have known of the unit to most recent condition upon which the grievance is assignedbased. This form shall require a clear, not later than fifteen (15) working days after the date on which the claimed violationconcise, misinterpretation or misapplication occurred. Copies 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 distributed 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 written grievance Superintendent/President or designee fails to respond within the time limits provided, or the grievant is not filed within satisfied with the foregoing time limitresponse, the grievance shall be considered waived and further action barredgrievant may proceed to arbitration in accordance with section 12.3.8 on this issue alone. All known documentation pertaining to the alleged grievance shall be attached The non-prevailing party at the time of filing. arbitration hearing shall bear all reasonable expenses for said hearing notwithstanding section 12.3.8(c). 12.3.3 Within ten (10) workdays of receipt of days after receiving the written grievance, the immediate supervisor or Principal 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 request designee has an additional five (5) days to file a written information in an effort 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 resolve the grievance. The immediate supervisor or Principal shall indicate 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 on may proceed to arbitration. 12.3.7 If the thirty-day time limit within which to file a formal grievance form his/her disposition 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 grievance and the reasons for said disposition, within five (5) work days third week of the Step 1 meeting. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and the Superintendent. ensuing fall semester. a. If the grievant is not satisfied with the disposition of the grievance in Step 1decision at Level Two, or if no disposition has been made within the above stated time limitationsgrievant elects to invoke the arbitration provision of section 12.3.2, the grievant shall notify the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendentmay, within five (5) working 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 date 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 the written disposition or five (5) days from the date such disposition should have been given names of persons experienced in Step 1hearing grievances in community college matters. Copies of said form Each party shall alternately strike a name until one name remains. The remaining panel member shall be forwarded 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 OAPSE Local #382 President written grievance and the grievant’s immediate supervisor or Principalanswers thereto at each step. If such written notice of appeal any question arises as to whether or not the grievance is not given within the foregoing time limitarbitrable, the grievance shall be considered waived and further action barred. Within ten (10) working days of arbitrator may at his/her receipt of such written notice, the Superintendent shall meet with the grievant or may request additional information in an effort to resolve the grievance. The Superintendent shall indicate in writing to the grievant discretion rule on the grievance form hisissue of arbitrability at such time as he/her disposition of she decides. e. The arbitrator will have no power to add to, subtract from, or modify the grievance and the reasons for said disposition within five (5) days of the Step 2 meeting. Copies terms of this disposition shall be forwarded to the OAPSE Local #382 President, and the grievant’s immediate supervisor or PrincipalAgreement.

Formal Procedure. Step 1 (see Appendices ▇-▇, ▇-▇, ▇-▇ and G-4 for approved forms available in the Human Resources Office). Level One 12.3.1 If a grievance the grievant is not resolved under satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the informal proceduregrievant knew, the grievance shall be reduced in writing on the grievance form and shall be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge by reasonable diligence could have known of the unit to most recent condition upon which the grievance is assignedbased. This form shall require a clear, not later than fifteen (15) working days after the date on which the claimed violationconcise, misinterpretation or misapplication occurred. Copies 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 distributed delivered to the appropriate administrator or designee and to the Chair of the Faculty Association Professional Rights and Contractual Grievance 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. If the written grievance is not filed /President or designee within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten (10) workdays days from the time the grievant receives notice of receipt said rejection. The appeal shall be in written form and include a clear, concise statement of the written grievance, basis for the immediate supervisor or Principal may meet with the grievant or request additional written information in an effort to resolve the grievanceappeal. The immediate supervisor Superintendent/President or Principal designee shall indicate communicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, decision reached within five (5) work days of the Step 1 meetingdays. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and If the Superintendent. If /President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the disposition of the grievance in Step 1, or if no disposition has been made within the above stated time limitationsresponse, 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 notify the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five (5) working days from the date of the written disposition or five (5) days from the date such disposition should have been given in Step 1. Copies of bear all reasonable expenses for said form shall be forwarded to the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given within the foregoing time limit, the grievance shall be considered waived and further action barred. hearing notwithstanding section 12.3.8(c). 12.3.3 Within ten (10) working days of his/her receipt of such written noticeafter receiving the grievance, the Superintendent 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 request additional information have a conferee present if a minimum of two (2) days’ notice in an effort writing is given to resolve the grievance. The Superintendent other party. 12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall indicate provide a response in writing to the grievant on grievant, to the grievance form his/her disposition Chair of the grievance Faculty Association Professional Rights and Contractual Grievance Committee, and the reasons for said disposition 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 five ten (510) days of the Step 2 meetingrendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Copies of this disposition shall be forwarded to Level Two 12.3.6 If the OAPSE Local #382 Presidentgrievance is not resolved at the formal conference, and the grievant’s immediate supervisor or Principal.grievant may, within ten

Formal Procedure. Step 1 If a grievance is not resolved under the informal procedure, the grievance shall be reduced in writing on the grievance form and shall be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen (15) working days after the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall be distributed to the Superintendent. If the written grievance is not filed within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten (10) workdays of receipt of the written grievance, the immediate supervisor or Principal may meet with the grievant or request additional written information in an effort to resolve the grievance. The immediate supervisor or Principal shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, within five (5) work days of the Step 1 meeting. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and the Superintendent. 8.3.1 If the grievant is not satisfied with the disposition of the grievance in Step at Level 1, or if no disposition has been made within the above stated time limitations, the grievant shall notify may file the grievance in writing on the District provided form to the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, or his/her designee within five ten (510) working days from the date of after the written disposition or five (5) days from the date such disposition should have been given in Step 1. Copies of said form shall be forwarded to the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given within the foregoing time limit, the grievance shall be considered waived and further action barred. decision at Level I. 8.3.2 Within ten (10) working days after receipt of the written grievance by the Superintendent or his/her receipt of such written noticedesignee, the Superintendent shall or his/her designee will meet with the aggrieved person, and the Association if the grievant or may request additional information so requests, in an effort to resolve the grievance. The Superintendent or his/her designee shall indicate put the proposed resolution to the grievance in writing within ten (10) days after the grievance meeting. 8.3.3 If the grievant is not satisfied with the decision at Level II, the employee may within ten (10) days submit a request in writing to the grievant Superintendent for resolution of the grievance by a Grievance Resolution Committee which shall be composed of no more than three (3) employee representatives from the Association and three (3) employee representatives from the District. 8.3.4 As soon as possible and in any event not later than ten (10) working days after the Superintendent receives the written notice from the grievant, the Grievance Resolution Committee shall agree upon a neutral third party facilitator/mediator to be chosen from the California State Mediation/Conciliation Service, CFIRE, Pacific Network, or from any other mutually agreeable recognized dispute resolution center to assist the parties in the resolution of the grievance. If no agreement is reached in the said ten (10) days, each party shall alternately strike a name from the list until only one name remains. The one remaining name shall be the neutral third party facilitator/mediator. The fees and expenses (if any) of the neutral shall be borne by the party who submitted the neutral's name to the list. Fees and expenses of the hearing shall be borne equally by the Association and the District. 8.3.5 The neutral third party selected shall facilitate/mediate the Grievance Resolution Committee with the intent of assisting the Committee to reach consensus on a solution for resolving the grievance. Meetings of the Grievance Resolution Committee are to be conducted with the purpose of exploring the parties' mutual and varied interests, creating options for resolution, and selection of the option(s) that best meet the interests of the parties in resolving the grievance. It is not the function of the Committee to determine rights, hear evidence or assess violations of the contract. If consensus is reached, such resolution shall be reduced to writing, signed by the Committee members and shall constitute a final and binding decision on the parties. If the Committee does not reach consensus, the neutral shall have fifteen (15) days in which to attempt to achieve consensus of the Committee. If consensus is not reached within the fifteen (15) days then the concurrence of the majority of the committee shall be reduced to writing and shall constitute a final and binding decision of the parties. If after the fifteen (15) days a majority does not exist the parties shall submit the grievance form for binding arbitration. The neutral third party shall continue or proceed as a mediator/arbitrator and may meet with the Grievance Resolution Committee members jointly or separately take steps as she/he may deem appropriate in order to secure the parties to resolve the grievance and affect a mutually acceptable agreement. 8.3.6 If after 15 days a resolution has not been achieved, the neutral party shall offer a proposed resolution, if any three members of the Grievance Resolution Committee concur with the proposed resolution such proposed resolution shall be reduced to writing, and shall be signed by the neutral and the three concurring members and shall constitute a final and binding decision on all the parties. If three (3) members do not concur then the arbitrator shall submit a written decision within fifteen (15) days to all parties and shall set forth his/her disposition findings of fact, reasoning, and conclusions. The decision of the arbitrator shall constitute a final resolution of the grievance and shall be binding on all parties. 8.3.7 In disputed cases regarding whether or not a grievance is within the reasons for said disposition within five (5) days scope of these proceedings, the arbitrator shall rule on the arbitrability of the Step 2 meetingissue. Copies The arbitrator shall have no power to add to, subtract from or modify the terms of this disposition Agreement. Issues arising from the Board and Administration excising its responsibility referred to in Article II Employer Rights, including the facts underlying its exercise of such discretion, shall not be forwarded subject to the OAPSE Local #382 President, and the grievant’s immediate supervisor or Principalthis procedure.

Formal Procedure. Step 1 If a FOR PROCESSING GRIEVANCES 7.4.1 The grievant shall have the right to be represented at all stages of the grievance procedure by any representative of his choice; however, if the Union is not resolved under chosen as the informal procedurerepresentative of an individual grievant, the Union shall have the right to have a representative present at each step of the grievance procedure and this representative may participate to the extent of presenting the position or interpretation of the Union. 7.4.2 The administrator making the decision shall send a copy of the decision to the Union on the same day that the decision is sent to the grievant. The Union may appeal any decision(s) which violates any term of this contract. 7.4.3 All grievances shall be filed in writing on an approved form. The grievant shall state the nature of the grievance, the contract provision(s) affected, the relief sought, and shall date and sign the grievance. The grievance shall be presented in accordance with the grievance procedure set forth below. In each instance, the acknowledgment of receipt of the grievance shall be reduced in writing on made by the grievance appropriate administrator involved by initialing and dating the form presented and shall returning a copy of the form to the grievant. 7.4.4 All grievances must be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen thirty (15) working days after the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall be distributed to the Superintendent. If the written grievance is not filed within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten (10) workdays of receipt of the written grievance, the immediate supervisor or Principal may meet with the grievant or request additional written information in an effort to resolve the grievance. The immediate supervisor or Principal shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, within five (5) work days of the Step 1 meeting. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and the Superintendent. If the grievant is not satisfied with the disposition of the grievance in Step 1, or if no disposition has been made within the above stated time limitations, the grievant shall notify the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five (530) working days from the date of on which the written disposition grievance arose or five could reasonably have been discovered, whichever comes later, except those involving reappointment which must be filed within twenty (520) working days from the date such disposition should on which the grievance arose or could reasonably have been given in Step 1discovered, whichever comes later. Copies For the purposes of said form shall be forwarded to the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given within the foregoing time limit, the grievance shall be considered waived procedure, working day is defined as any day on which classes are officially in session during the Fall and further action barred. Within ten (10) working days Spring semester, except Saturdays and Sundays. 7.4.5 The failure of his/her receipt of such written notice, the Superintendent shall meet with the grievant or may request additional information in an effort administrator at any level to resolve the grievance. The Superintendent shall indicate in writing communicate his decision to the grievant on within the grievance form his/her disposition proper time limits shall permit the grievant to proceed to the next stage of the grievance and the reasons for said disposition within five (5) days procedure. The failure of the Step 2 meetinggrievant to file his grievance within the time limits set forth in Sec. Copies 7.4.4 above or to appeal any decision within applicable time limits set forth in the grievance steps shall bar consideration of, or further action on, the grievance. 7.4.6 The time limitations prescribed at each step of the grievance procedure may be extended only by mutual agreement of the parties in writing before the expiration of the time period for the applicable step. 7.4.7 Hearings and conferences held under this disposition procedure shall be forwarded conducted at a time and place which will afford a fair and reasonable opportunity for all interested parties to attend. When such hearings and conferences are held during class or working hours, all employees whose presence is required shall be excused for that purpose without loss of payment from the OAPSE Local #382 PresidentCollege. 7.4.8 Grievances presented at STEPS I and II shall be private unless the grievant, the Union, and the grievant’s immediate supervisor or PrincipalCollege all agree that the grievance be public. 7.4.9 At all steps of the grievance procedure, the grievant shall have the right to require the production of relevant records relating specifically to the particular grievance in question, upon reasonable notice to the supervisory administrator and the contract administrator. The College will attempt to provide documents in a timely fashion. 7.4.10 The grievance procedure shall be as follows:

Formal Procedure. Step 1 If For purposes of Section 7.4 the required timelines shall begin on the first (1st) day following the date of receipt of a grievance is not resolved under by the Office of Education or the first (1st) day following receipt of the Office of Education decision by the grievant. A. Level I Within twenty-five (25) days of the occurrence, or within twenty-five (25) days of when the unit member could reasonably have known of the occurrence of the act or omission giving rise to the grievance, the grievant must present his grievance in writing utilizing the designated grievance form, included as Appendix “D” in this agreement to his/her immediate administrator. On this form the unit member shall make a clear and concise statement of the grievance, the circumstances involved, and the specific article(s) that was allegedly violated, the decision rendered at the informal procedureconference, and the grievance specific remedy sought. The immediate administrator shall be reduced communicate a decision to the unit member in writing on the grievance form and shall be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen within ten (1510) working days after from the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall be distributed to the Superintendent. If the written grievance is received by the immediate administrator. If the immediate administrator does not filed respond within the time limits, the grievant may appeal to the next level. Within the foregoing time limit, limit either party may request a personal conference to discuss the grievance shall be considered waived and further action barredgrievance. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten (10) workdays of receipt of the written grievance, the immediate supervisor or Principal may meet with Either the grievant or request additional written information in an effort to resolve the grievance. The immediate supervisor or Principal shall indicate in writing to administrator may have a conferee present at such a conference. B. Level II In the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, within five (5) work days of the Step 1 meeting. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and the Superintendent. If event the grievant is not satisfied with the disposition of the grievance in Step 1, or if no disposition has been made within the above stated time limitationsdecision at Level I, the grievant may appeal the decision to the Division Administrator, within ten (10) days after receiving the decision at Level I. This written appeal statement shall notify include a copy of the Superintendent in writing that original grievance, the decision rendered at Level I and a clear, concise statement of the reasons for the appeal. The parties shall convene a meeting to discuss the grievance within ten (10) days of the filing of the Level II documents. Either party may have a conferee present at such a conference. By mutual agreement of the parties, additional conferees may be present at the conference. The Division Administrator, or his/her designee, shall communicate a decision within ten (10) days from the date the Level II conference is being appealed held by the Division Administrator. If the Division Administrator, or his/her designee, does not respond within the time limits, the grievant may appeal to Step 2. Such written notice must be filed on the grievance form next level. C. Level III In the event the grievant is not satisfied with the decision at Level II, the grievant may appeal the decision to the Superintendent, within ten (10) days after receiving the decision at Level II. The written appeal statement shall include a copy of the original grievance, the decisions rendered at previous levels, and a clear, concise statement of the reasons for the appeal. The parties shall convene a meeting to discuss the grievance within ten (10) days of the filing of the Level III documents. Either party may have two conferee(s) present at such a conference. By mutual agreement of the parties, additional conferees may be present at the conference. The Superintendent, or his/her designee, shall communicate a decision within ten (10) days from the date the conference is held by the Superintendent. If the Superintendent, or his/her designee, does not respond within the time limits, the grievant may appeal to the next level. D. Level IV - Arbitration In the event that the grievant is not satisfied with the decision at Level III, the unit member may request, in writing within five (5) working days, that the Association submit the grievance to arbitration. If the Association agrees to proceed, the Association will request arbitration of the grievance in writing to the Office of Education within fifteen (15) days of the issuance of the Level III decision. Such request must be in writing and be accompanied by a written statement from the date Association agreeing to take the grievance to arbitration. In electing to pursue the grievance through arbitration, the grievant and the Association thereby agree that the arbitration process shall be the only forum for resolving the grievant's claim, that the arbitrator's decision shall be final and binding, and that they will not thereafter attempt to achieve a different resolution through a separate remedial procedure, whether established by statute or by regulation having the force of law. No later than fifteen (15) days after the Office of Education's receipt of the written disposition or five (5) days request for arbitration from the date such disposition should Association, the Association and the Office of Education shall meet to determine a mutually acceptable arbitrator. In the event the Association and the Office of Education are unable to reach agreement on a mutually acceptable arbitrator, the Association shall request, within the same fifteen (15) day period, that the American Arbitration Association shall supply a listing of names pursuant to its rules. The Arbitrator selected must be a member of the National Academy of Arbitrators and must have been given recent experience in Step 1arbitration of grievances involving public school employers. Copies The Voluntary Labor Arbitration Rules of said form the American Arbitration Association shall apply except where the specific language herein is in conflict, which specific language will prevail. Any award of the arbitrator shall be forwarded to binding on the OAPSE Local #382 President grievant, the Association and the grievant’s immediate supervisor or PrincipalOffice of Education. If such written notice of appeal is not given within the foregoing time limit, the grievance It shall be considered waived and further action barred. Within ten (10) working days the function of his/her receipt of such written noticethe arbitrator to make an award, the Superintendent shall meet with the grievant or may request additional information in an effort to if necessary, which will resolve the grievance. The Superintendent arbitrator shall indicate be subject to the following limitations: 1. The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this Agreement; but shall determine only whether or not there has been a violation, misapplication or misinterpretation of this Agreement in the respect alleged in the grievance. 2. The arbitrator shall have no power to establish salary structures or change any salary. 3. The award of the arbitrator shall be based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon any post-hearing briefs of the parties. 4. The arbitrator shall have no power to change any practice, policy, or rule of the Office of Education; nor to substitute his judgment for that of the Office of Education as to the reasonableness of any such practice, policy, rule, or any action by the Office of Education; nor to adjust, modify or amend salary schedules or classification structures. 5. The standard of review for the arbitrator is whether the Office of Education acted in an arbitrary and capricious manner which is a violation of the express terms of this Agreement. 6. The arbitrator shall not consider any issue raised by the grievant unless it was made known in writing to the grievant Office of Education in an earlier Level of this Grievance Procedure. 7. The arbitrator shall have no power to recommend or resolve any of the following: a. The termination of services or any other disciplinary action or failure to re- employ any member of the Unit. b. Any matter involving evaluation, except where procedure has been violated. c. Nothing herein shall be construed to prevent or limit deferral to arbitration by the Public Employment Relations Board pursuant to Government Code Section 3541.5(a)(2) 8. All fees and expenses of the arbitrator shall be shared equally by the Office of Education and the Association. The Office of Education shall only bear its own expenses. Arbitration hearings shall be held at the Office of Education, unless the parties mutually agree otherwise. If the Office of Education claims that a grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed or processed in an untimely manner, such a claim shall, at the option of the Office of Education and upon reasonable notice, be heard and promptly ruled upon by the arbitrator prior to any hearing on the grievance form his/her disposition merits of the grievance. Upon the request of either party, there shall be a suitable stay/continuance between such a ruling and any further proceedings which may be necessary. The Office of Education may forego the above preliminary motion procedure, and have such a claim heard and ruled upon at the hearing prior to the receipt of evidence on the merits. If the Office of Education should choose to refuse to arbitrate a dispute, nothing in this section shall preclude the Association from seeking, through appropriate administrative or judicial proceedings, to compel the Office of Education to proceed to arbitration. 9. The arbitrator shall have no power to render an award on a grievance and claim rising out of an act or omission prior to the reasons for said disposition within five (5) days of the Step 2 meeting. Copies effective date of this disposition shall be forwarded to Agreement or after the OAPSE Local #382 President, and the grievant’s immediate supervisor or Principaltermination of this Agreement.

Formal Procedure. Step 1 a. Level One (1) If a grievance the aggrieved person is not resolved under satisfied with the disposition of the grievance through the informal procedure, he may submit a written grievance to his supervisor and the grievance shall be reduced in writing on the grievance form and shall be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen superintendent within ten (1510) working days after the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall be distributed to the Superintendent. If the written grievance is not filed within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached disposition at the time of filing. informal level. (2) Within ten (10) workdays of days after receipt of the written grievance, the immediate supervisor or Principal may meet Superintendent shall provide the employee with the grievant or request additional a formal, written information in an effort response to resolve the grievance. The immediate supervisor . (3) If the Superintendent does not respond within the time limits, or Principal shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, within five (5) work days of the Step 1 meeting. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and the Superintendent. If the grievant is not satisfied with the disposition of the grievance in Step 1, or if no disposition has been made within the above stated time limitationssaid grievance, the grievant shall notify may appeal to the Superintendent Board. (4) Within the above time limits, either party may request a personal conference to discuss the grievance further. Either the grievant or the immediate supervisor may have a representative present at such a conference. b. Level Two If the aggrieved person is not satisfied with the decision rendered under level one, within ten (10) days after receipt of the Superintendent’s written decision, he may request that the Association submit the grievance to mediation with a mediator designated by the State Mediation and Conciliation Service. In the event this level does not resolve the grievance, any proposed remedies submitted by either party or the mediator may not be used or referred to if the grievance is taken to Level Three, Arbitration. c. Level Three If the aggrieved person is not satisfied with the disposition of his grievance at Level One, or Two, he may, within ten (10) days after disposition or failure to respond by the Board, or its designee, request in writing that the Association submit his grievance is being appealed to Step 2arbitration. Such The Association, by written notice must be filed on the grievance form with to the Superintendent, within fifteen (15) days after receipt of the request from the aggrieved person, may submit the grievance to binding arbitration. (1) If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator only after he has had an opportunity to hear the merits of the grievance. (2) The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within twenty (20) days of the Association’s submission of the grievance to arbitration, the parties shall request the California State Conciliation Service to supply a panel of five (5) working days from names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the date arbitrator. The order of striking shall be determined by lot. (3) The arbitrator’s decision will be in writing and will set forth his findings of fact, reasoning and conclusion on the issue 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 written disposition terms of this agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or five other remedies as he/she judges to be proper. The decision of the arbitrator will be final and binding (54) days from All costs for the date such disposition should have been given in Step 1. Copies services of said form shall be forwarded to the OAPSE Local #382 President arbitrator, including, but not limited to, per diem expenses, his travel and subsistence expenses and the grievant’s immediate supervisor or Principal. If such written notice cost of appeal is not given within any hearing room will be borne equally by the foregoing time limit, the grievance shall be considered waived and further action barred. Within ten (10) working days of his/her receipt of such written notice, the Superintendent shall meet with the grievant or may request additional information in an effort to resolve the grievance. The Superintendent shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance board and the reasons for said disposition within five (5) days of Association. All other costs will be borne by the Step 2 meeting. Copies of this disposition shall be forwarded to the OAPSE Local #382 President, and the grievant’s immediate supervisor or Principalparty incurring them.

Formal Procedure. Step 1 If The parties acknowledge that it is usually most desirable for an employee and his/her immediately involved supervisor to resolve problems through free and informal communication. The Board recognizes the right of the Association to designate its grievance committee and principal grievance representative. A grievance committee representative shall be present for any meetings, hearing, appeals, or other proceedings relating to a grievance is not resolved under grievance, which has been formally presented. When requested by the informal procedureaggrieved person, the grievance representative may intervene to assist in the resolution. However, should such informal processes fail to satisfy the Aggrieved person or the Association, it shall be reduced stated in writing on by the Aggrieved Person that it is unresolved and proceed to Step 1, then a grievance form and shall be processed as follows: Step 1: A grievance must be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen within twenty-eight (1528) working days after following the date on which the claimed violationaction being grieved became known, misinterpretation or misapplication occurredcould reasonably be expected to have been known, to the grievant. Copies The Aggrieved Person or the Grievance Committee of the form Association shall present the Grievance in writing to the Immediately- Involved Supervisor who will arrange for a meeting to take place within fourteen (14) days after receipt of the grievance. The Aggrieved Person, the Association representative, and the Immediately-Involved Supervisor shall be distributed to present for the Superintendentmeeting. If The Immediately Involved Supervisor must provide the Aggrieved Person and the Association with a written grievance answer on the Grievance within fourteen (14) days after the meeting. Such answer shall include reasons upon which the decision was based. In the event that no written answer is not filed provided within fourteen (14) days after the foregoing time limitStep 1 meeting, the grievance shall be considered waived and further action barred. All known documentation pertaining appealed to the alleged grievance shall be attached at the time of filingnext step. Within ten (10) workdays of receipt The filing of the written grievanceGrievance at this step shall occur within fourteen (14) days after failure to reach agreement under Section 10.3 above. Step 2: If the grievance is not resolved at Step 1, then the immediate supervisor or Principal may meet with Grievance Committee shall refer the grievant or request additional written information in an effort to resolve the grievance. The immediate supervisor or Principal shall indicate in writing Grievance to the grievant on Immediately-Involved Supervisor’s Supervisor (e.g. for the grievance form his/her disposition Maintenance Supervisor, this would be the Director of Business Services; for a Special Education Coordinator, this would be the grievance and the reasons for said disposition, Director of Special Education; etc.) within five fourteen (514) work days after receipt of the Step 1 meetinganswer. Copies of this disposition The Immediately-Involved Supervisor’s Supervisor shall be forwarded to the grievant, the OAPSE Local #382 President, and the Superintendent. If the grievant is not satisfied arrange for a meeting with the disposition representative of the grievance in Step 1, or if no disposition has been made Association's Grievance Committee to take place within the above stated time limitations, the grievant shall notify the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five fourteen (514) working days from the date of the written disposition or five (5) days from the date such disposition should have been given in Step 1. Copies of said form shall be forwarded to the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given within the foregoing time limit, the grievance shall be considered waived and further action barred. Within ten (10) working days of his/her receipt of the appeal, or within fourteen (14) days of the expiration of the time limit for the Step 1 written answer if no such answer is provided, whichever is later. Each party shall have the right to include in its representation such witnesses and advisors, as it deems necessary to develop the facts pertinent to the Grievance. Upon conclusion of the hearing the Immediately-Involved Supervisor’s Supervisor will have fourteen (14) days in which to provide his/her written noticedecision to the Association. In the event that no written decision is provided within fourteen Step 3: If the Grievance is not resolved in Step 1 or Step 2 as applicable, then the Grievance Committee shall refer the grievance to the Superintendent shall meet with within fourteen (14) days after receipt of the grievant Step 1 or may request additional information in an effort to resolve the grievanceStep 2 answer as applicable. The Superintendent shall indicate in writing arrange for a meeting with the representative of the Association's Grievance Committee to the grievant on the grievance form take place within fourteen (14) days of his/her disposition receipt of the grievance and the reasons for said disposition appeal, or within five fourteen (514) days of the expiration of the time limit for the Step 2 meetingwritten answer if no such answer is provided, whichever is later. Copies of this disposition Each party shall be forwarded have the right to include in its representation such witnesses and advisors as it deems necessary to develop facts pertinent to the OAPSE Local #382 PresidentGrievance. Upon conclusion of the hearing, and the grievant’s immediate supervisor or PrincipalSuperintendent will have fourteen (14) days in which to provide his/her written decision to the Association.

Formal Procedure. Step 1 1. Level One – Superintendent/Director a. If a grievance an aggrieved party is not resolved under satisfied with the outcome of any informal procedureprocedure he/she may have followed, the he/she may present his/her claim as a formal grievance shall be reduced in writing on the grievance a mutually agreed upon form and shall be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen (15) working days after the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall be distributed to the Superintendent. If the written grievance is not filed /Director or other appropriate administrator with jurisdiction there over. b. The Superintendent/Director or other appropriate administrator shall, within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten five (105) workdays of days after receipt of the written grievance, have rendered his/her decision and the immediate supervisor or Principal may meet with the grievant or request additional written information in an effort to resolve the grievance. The immediate supervisor or Principal shall indicate reasons therefore in writing to the grievant on aggrieved party. 2. Level Two - Cooperative Board a. If the grievance form his/her disposition aggrieved party is not satisfied with the resolution of the grievance and the reasons for said dispositionat Level One, he/she may, within five (5) work days after receiving the Superintendent/Director’s response, submit the grievance in writing to the Board. b. The Board shall, within thirty (30) days after receipt of the Step 1 appeal, meet with the aggrieved party for the purpose of reviewing the grievance. c. The Board shall, within ten (10) days after such meeting. Copies of this disposition shall be forwarded , render its decision and the reasons therefore in writing to the grievant, the OAPSE Local #382 President, and the SuperintendentAssociation. 3. Level Three- Impartial Arbitration a. If the grievant Association is not satisfied with the disposition of the grievance in Step 1at Level Two, or if no disposition has been made within and the above stated time limitations, the grievant shall notify the Superintendent in writing Association determines that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendenthas merit, it may, within five (5) working days from the date of the written disposition or five (5) days from the date such disposition should have been given in Step 1. Copies of said form shall be forwarded to the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given within the foregoing time limit, the grievance shall be considered waived and further action barred. Within ten (10) working days, submit the grievance to arbitration by so notifying the Board in writing. b. The Board and the Association, if the Association exercises its right to invoke arbitration may, within ten (10) days after the written notice pursuant to Section E(4)(a) hereof, jointly select a single arbitrator. If the parties are unable to agree upon an arbitrator within the time provided, the Association shall, within the subsequent fifteen (15) days, request the American Arbitration Association to utilize its procedures for the selection of an impartial arbitrator. c. The arbitrator selected shall confer promptly with each party and shall review the record of any prior hearings and shall hold such further hearings with the Association and Board as he/she shall deem requisite. d. The arbitrator shall, as soon as practicable after his/her receipt of such written noticeselection, the Superintendent shall meet with the grievant or may request additional information in an effort to resolve the grievance. The Superintendent shall indicate render his/her decision in writing to the grievant on the grievance form all parties in interest, setting forth his/her disposition findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make decision which requires the commission of any act prohibited by law or which is violative of the grievance terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the reasons Association and shall be final and binding on the parties, subject only to judicial review as provided by statute. The costs for said disposition within five (5) days the services of the Step 2 meeting. Copies of this disposition arbitrator shall be forwarded to borne equally by the OAPSE Local #382 President, Board and the grievant’s immediate supervisor or PrincipalAssociation, unless one party unilaterally withdraws.

Formal Procedure. Whether or not an employee or the Union attempts to resolve a concern through informal discus- sion, a formal grievance must be filed at Step 1 If One within twenty (20) days following the time at which the employee and/ or the Union were or reasonably should have been aware of the existence of the situation that is the basis for the grievance. unit with no chair, then this step is omitted.) The grievant will indicate the nature of the grievance, including a grievance is not resolved under the informal procedurebrief statement of facts, the grievance shall be reduced in writing on provision(s) of the grievance form and shall be filed with Agreement alleged to have been violated or the OAPSE Local #382 Presidentrules or regulations alleged to have been discriminatorily applied, and then the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen (15) working days after the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall be distributed to the Superintendent. If the written grievance is not filed within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filingadjustment sought. Within ten (10) workdays days of receipt of the written grievance, the immediate supervisor or Principal may meet chair will hold a meeting with the grievant or request additional written information in an effort to resolve and the grievanceUnion representative. The immediate supervisor or Principal shall indicate in writing to the grievant on If the grievance form his/her disposition of the grievance and the reasons for said dispositionis not resolved at this meeting, then within five ten (510) work days of the Step 1 meeting. Copies of this disposition , the department chair shall be forwarded forward a written response to the grievance to the grievant, with a copy to the OAPSE Local #382 PresidentUnion representative. School or College (or decanal equivalent) or his/her designee. The grievance will indicate the nature of the griev- ance, including a brief statement of facts, the provision(s) of the Agreement alleged to have been violated or the rules or regulations alleged to have been discriminatorily applied, and the Superintendentadjustment sought. Within fifteen (15) days of receipt of the grievance, the ▇▇▇▇ or his/her designee will hold a meeting with the grievant and the Union represen- tative. The ▇▇▇▇ at his or her option may have another administrator, such as a department chair, or a support staff member, at the meeting. If the grievant grievance is not satisfied with the disposition of the grievance in Step 1resolved at this meeting, or if no disposition has been made then within the above stated time limitations, the grievant shall notify the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five fifteen (5) working days from the date of the written disposition or five (5) days from the date such disposition should have been given in Step 1. Copies of said form shall be forwarded to the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given within the foregoing time limit, the grievance shall be considered waived and further action barred. Within ten (10) working days of his/her receipt of such written notice, the Superintendent shall meet with the grievant or may request additional information in an effort to resolve the grievance. The Superintendent shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition within five (515) days of the Step 2 meeting. Copies of this disposition , the ▇▇▇▇ or his/her designee, shall be forwarded forward a written response to the OAPSE Local #382 President, and grievance to the grievant’s immediate supervisor or Principal, with a copy to the Union. With the agreement of all parties, the University Omsbudsperson may be invited to participate in the first meeting following the initial filing of a formal grievance for the purpose of mediation.

Formal Procedure. Step 1 If a grievance is not resolved under the informal procedureconference does not result in a satisfactory resolution of the grievance, the written grievance filed on behalf of one or more Unit Members, or the Association, shall be processed within thirty (30) days of the last informal conference as follows. 9.3.3.1 Level I Immediate Supervisor 9.3.3.1.1 A grievance shall be reduced presented in writing on to the immediate supervisor using the grievance form and detailed below with a copy simultaneously provided to the Association. The immediate supervisor shall be filed normally meet with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen grievant and/or designated Association Representative within five (155) working days after the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall be distributed to the Superintendent. If the written grievance is not filed within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten (10) workdays of receipt of the written grievance, . Exceptions may be made by mutual agreement of the immediate supervisor or Principal may meet with the grievant or request additional written information in an effort to resolve the grievanceparties. The immediate supervisor or Principal shall indicate in writing to the grievant on the grievance form his/her provide a written disposition of the Level I grievance, including the reasons therefore, to all parties of interest within ten (10) days of such meeting. 9.3.3.1.2 The grievance form shall be completed to show the following: A. ▇▇▇▇▇▇▇▇’s name and work location. B. ▇▇▇▇▇▇▇▇’s assignment and duties. C. The date the grievance was delivered to the immediate supervisor. D. The date of the informal conference and the reasons for said disposition, within five (5) work days . E. The nature of the Step 1 meeting. Copies grievance including the date(s), if known, of this disposition shall be forwarded to the grievant, occurrence which caused the OAPSE Local #382 Presidentalleged grievance, and the Superintendentcircumstances of the grievance, (a concise statement of the facts concerning the nature of the grievance with dates, names, and places as appropriate). F. The remedy sought by the grievant(s). G. The name of the Association Representative, if any, chosen by the grievant. H. The signature(s) of the grievant(s). Grievances not filed in this form will be discarded. Only one grievance may be filed on a single grievance form. 9.3.3.1.3 If the grievant and/or the Association is not satisfied with the disposition of the grievance in Step 1grievance, or if no written disposition has been made within the above stated time limitations, the grievant shall notify the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five (5) working days from the date of the written disposition or five (5) days from the date such disposition should have been given in Step 1. Copies of said form shall be forwarded to the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given within the foregoing time limit, the grievance shall be considered waived and further action barred. Within ten (10) working days of his/her receipt of such written notice, the Superintendent shall meet with the grievant or may request additional information in an effort to resolve the grievance. The Superintendent shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition occurred within five (5) days of such meeting or ten (10) days from the Step 2 meeting. Copies initial presentation of this disposition shall the Level I grievance, the grievance may be forwarded appealed to Level II, with a copy simultaneously provided to the OAPSE Local #382 President, and Association. Any appeal from Level I to Level II must be submitted within ten (10) days of the grievant’s immediate supervisor or Principalformal written appeal.

Formal Procedure. Step 1 a. Level One (1) If a grievance the aggrieved person is not resolved under satisfied with the disposition of the grievance through the informal procedure, he may submit a written grievance to his supervisor and the grievance shall be reduced in writing on the grievance form and shall be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen superintendent within ten (1510) working days after the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall be distributed to the Superintendent. If the written grievance is not filed within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached disposition at the time of filing. informal level. (2) Within ten (10) workdays of days after receipt of the written grievance, the immediate supervisor or Principal may meet Superintendent shall provide the employee with the grievant or request additional a formal, written information in an effort response to resolve the grievance. The immediate supervisor . (3) If the Superintendent does not respond within the time limits, or Principal shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, within five (5) work days of the Step 1 meeting. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and the Superintendent. If the grievant is not satisfied with the disposition of the grievance in Step 1, or if no disposition has been made within the above stated time limitationssaid grievance, the grievant shall notify may appeal to the Superintendent Board. (4) Within the above time limits, either party may request a personal conference to discuss the grievance further. Either the grievant or the immediate supervisor may have a representative present at such a conference. b. Level Two If the aggrieved person is not satisfied with the decision rendered under level one, within ten (10) days after receipt of the Superintendent’s written decision, he may request that the Association submit the grievance to mediation with a mediator designated by the State Mediation and Conciliation Service. In the event this level does not resolve the grievance, any proposed remedies submitted by either party or the mediator may not be used or referred to if the grievance is taken to Level Three, Arbitration. c. Level Three If the aggrieved person is not satisfied with the disposition of his grievance at Level One, or Two, he may, within ten (10) days after disposition or failure to respond by the Board, or its designee, request in writing that the Association submit his grievance is being appealed to Step 2arbitration. Such The Association, by written notice must be filed on the grievance form with to the Superintendent, within fifteen (15) days after receipt of the request from the aggrieved person, may submit the grievance to binding arbitration. (1) If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator only after he has had an opportunity to hear the merits of the grievance. (2) The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within twenty (20) days of the Association’s submission of the grievance to arbitration, the parties shall request the California State Conciliation Service to supply a panel of five (5) working days from names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the date arbitrator. The order of striking shall be determined by lot. (3) The arbitrator’s decision will be in writing and will set forth his findings of fact, reasoning and conclusion on the issue 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 written disposition terms of this agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or five other remedies as he/she judges to be proper. The decision of the arbitrator will be final and binding upon the parties of this agreement. (54) days from All costs for the date such disposition should have been given in Step 1. Copies services of said form shall be forwarded to the OAPSE Local #382 President arbitrator, including, but not limited to, per diem expenses, his travel and subsistence expenses and the grievant’s immediate supervisor or Principal. If such written notice cost of appeal is not given within any hearing room will be borne equally by the foregoing time limit, the grievance shall be considered waived and further action barred. Within ten (10) working days of his/her receipt of such written notice, the Superintendent shall meet with the grievant or may request additional information in an effort to resolve the grievance. The Superintendent shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance board and the reasons for said disposition within five (5) days of Association. All other costs will be borne by the Step 2 meeting. Copies of this disposition shall be forwarded to the OAPSE Local #382 President, and the grievant’s immediate supervisor or Principalparty incurring them.

Formal Procedure. Step 1 (see Appendices G-1, G-2, G-3 and G-4 for approved forms available in the Human Resources Office). Level One 12.3.1 If a grievance the grievant is not resolved under satisfied, said grievant shall complete and file a District Grievance Form within thirty (30) days after the informal proceduregrievant knew, the grievance shall be reduced in writing on the grievance form and shall be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge by reasonable diligence could have known of the unit to most recent condition upon which the grievance is assignedbased. This form shall require a clear, not later than fifteen (15) working days after the date on which the claimed violationconcise, misinterpretation or misapplication occurred. Copies 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 distributed delivered to the appropriate administrator or designee and to the Chair of the Faculty Association Professional Rights and Contractual Grievance 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. If the written grievance is not filed /President or designee within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten (10) workdays days from the time the grievant receives notice of receipt said rejection. The appeal shall be in written form and include a clear, concise statement of the written grievance, basis for the immediate supervisor or Principal may meet with the grievant or request additional written information in an effort to resolve the grievanceappeal. The immediate supervisor Superintendent/President or Principal designee shall indicate communicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, decision reached within five (5) work days of the Step 1 meetingdays. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and If the Superintendent. If /President or designee fails to respond within the time limits provided, or the grievant is not satisfied with the disposition of the grievance in Step 1, or if no disposition has been made within the above stated time limitationsresponse, 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 notify the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five (5) working days from the date of the written disposition or five (5) days from the date such disposition should have been given in Step 1. Copies of bear all reasonable expenses for said form shall be forwarded to the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given within the foregoing time limit, the grievance shall be considered waived and further action barred. hearing notwithstanding section 12.3.8(c). 12.3.3 Within ten (10) working days of his/her receipt of such written noticeafter receiving the grievance, the Superintendent 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 request additional information have a conferee present if a minimum of two (2) days notice in an effort writing is given to resolve the grievance. The Superintendent other party. 12.3.4 Within ten (10) days from the time of the conference, the immediate supervisor or designee shall indicate provide a response in writing to the grievant on grievant, to the grievance form his/her disposition Chair of the grievance Faculty Association Professional Rights and Contractual Grievance Committee, and the reasons for said disposition 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 five ten (510) days of the Step 2 meetingrendering of said decision, unilaterally declare it non-precedent setting by filing written notice with the other party or designee. Copies of this disposition shall be forwarded to Level Two 12.3.6 If the OAPSE Local #382 Presidentgrievance is not resolved at the formal conference, and the grievant’s immediate supervisor or Principal.grievant may, within ten

Formal Procedure. Step 1 If For purposes of Section 7.4 the required timelines shall begin on the first (1st) day following the date of receipt of a grievance is not resolved under by the Office of Education or the first (1st) day following receipt of the Office of Education decision by the grievant. A. Level I Within twenty-five (25) days of the occurrence, or within twenty-five (25) days of when the unit member could reasonably have known of the occurrence of the act or omission giving rise to the grievance, the grievant must present his grievance in writing utilizing the designated grievance form, included as Appendix “D” in this agreement to their immediate administrator. On this form the unit member shall make a clear and concise statement of the grievance, the circumstances involved, and the specific article(s) that was allegedly violated, the decision rendered at the informal procedureconference, and the grievance specific remedy sought. The immediate administrator shall be reduced communicate a decision to the unit member in writing on the grievance form and shall be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen within ten (1510) working days after from the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall be distributed to the Superintendent. If the written grievance is received by the immediate administrator. If the immediate administrator does not filed respond within the time limits, the grievant may appeal to the next level. Within the foregoing time limit, limit either party may request a personal conference to discuss the grievance shall be considered waived and further action barredgrievance. All known documentation pertaining to the alleged grievance shall be attached at the time of filing. Within ten (10) workdays of receipt of the written grievance, the immediate supervisor or Principal may meet with Either the grievant or request additional written information in an effort to resolve the grievance. The immediate supervisor or Principal shall indicate in writing to administrator may have a conferee present at such a conference. B. Level II In the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, within five (5) work days of the Step 1 meeting. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and the Superintendent. If event the grievant is not satisfied with the disposition of the grievance in Step 1, or if no disposition has been made within the above stated time limitationsdecision at Level I, the grievant may appeal the decision to the Division Administrator, within ten (10) days after receiving the decision at Level I. This written appeal statement shall notify include a copy of the Superintendent in writing that original grievance, the decision rendered at Level I and a clear, concise statement of the reasons for the appeal. The parties shall convene a meeting to discuss the grievance within ten (10) days of the filing of the Level II documents. Either party may have a conferee present at such a conference. By mutual agreement of the parties, additional conferees may be present at the conference. The Division Administrator, or their designee, shall communicate a decision within ten (10) days from the date the Level II conference is being appealed held by the Division Administrator. If the Division Administrator, or their designee, does not respond within the time limits, the grievant may appeal to Step 2. Such written notice must be filed on the grievance form next level. C. Level III In the event the grievant is not satisfied with the decision at Level II, the grievant may appeal the decision to the Superintendent, within ten (10) days after receiving the decision at Level II. The written appeal statement shall include a copy of the original grievance, the decisions rendered at previous levels, and a clear, concise statement of the reasons for the appeal. The parties shall convene a meeting to discuss the grievance within ten (10) days of the filing of the Level III documents. Either party may have two conferee(s) present at such a conference. By mutual agreement of the parties, additional conferees may be present at the conference. The Superintendent, or their designee, shall communicate a decision within ten (10) days from the date the conference is held by the Superintendent. If the Superintendent, or their designee, does not respond within the time limits, the grievant may appeal to the next level. D. Level IV - Arbitration In the event that the grievant is not satisfied with the decision at Level III, the unit member may request, in writing within five (5) working days, that the Association submit the grievance to arbitration. If the Association agrees to proceed, the Association will request arbitration of the grievance in writing to the Office of Education within fifteen (15) days of the issuance of the Level III decision. Such request must be in writing and be accompanied by a written statement from the date Association agreeing to take the grievance to arbitration. In electing to pursue the grievance through arbitration, the grievant and the Association thereby agree that the arbitration process shall be the only forum for resolving the grievant's claim, that the arbitrator's decision shall be final and binding, and that they will not thereafter attempt to achieve a different resolution through a separate remedial procedure, whether established by statute or by regulation having the force of law. No later than fifteen (15) days after the Office of Education's receipt of the written disposition or five (5) days request for arbitration from the date such disposition should Association, the Association and the Office of Education shall meet to determine a mutually acceptable arbitrator. In the event the Association and the Office of Education are unable to reach agreement on a mutually acceptable arbitrator, the Association shall request, within the same fifteen (15) day period, that the American Arbitration Association shall supply a listing of names pursuant to its rules. The Arbitrator selected must be a member of the National Academy of Arbitrators and must have been given recent experience in Step 1arbitration of grievances involving public school employers. Copies The Voluntary Labor Arbitration Rules of said form the American Arbitration Association shall apply except where the specific language herein is in conflict, which specific language will prevail. Any award of the arbitrator shall be forwarded to binding on the OAPSE Local #382 President grievant, the Association and the grievant’s immediate supervisor or PrincipalOffice of Education. If such written notice of appeal is not given within the foregoing time limit, the grievance It shall be considered waived and further action barred. Within ten (10) working days the function of his/her receipt of such written noticethe arbitrator to make an award, the Superintendent shall meet with the grievant or may request additional information in an effort to if necessary, which will resolve the grievance. The Superintendent arbitrator shall indicate be subject to the following limitations: 1. The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this Agreement; but shall determine only whether or not there has been a violation, misapplication or misinterpretation of this Agreement in the respect alleged in the grievance. 2. The arbitrator shall have no power to establish salary structures or change any salary. 3. The award of the arbitrator shall be based solely upon the evidence and arguments presented to them in the presence of the parties, and upon any post-hearing briefs of the parties. 4. The arbitrator shall have no power to change any practice, policy, or rule of the Office of Education; nor to substitute his judgment for that of the Office of Education as to the reasonableness of any such practice, policy, rule, or any action by the Office of Education; nor to adjust, modify or amend salary schedules or classification structures. 5. The standard of review for the arbitrator is whether the Office of Education acted in an arbitrary and capricious manner which is a violation of the express terms of this Agreement. 6. The arbitrator shall not consider any issue raised by the grievant unless it was made known in writing to the grievant Office of Education in an earlier Level of this Grievance Procedure. 7. The arbitrator shall have no power to recommend or resolve any of the following: a. The termination of services or any other disciplinary action or failure to re- employ any member of the Unit. b. Any matter involving evaluation, except where procedure has been violated. c. Nothing herein shall be construed to prevent or limit deferral to arbitration by the Public Employment Relations Board pursuant to Government Code Section 3541.5(a)(2) 8. All fees and expenses of the arbitrator shall be shared equally by the Office of Education and the Association. The Office of Education shall only bear its own expenses. Arbitration hearings shall be held at the Office of Education, unless the parties mutually agree otherwise. If the Office of Education claims that a grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed or processed in an untimely manner, such a claim shall, at the option of the Office of Education and upon reasonable notice, be heard and promptly ruled upon by the arbitrator prior to any hearing on the grievance form his/her disposition merits of the grievance. Upon the request of either party, there shall be a suitable stay/continuance between such a ruling and any further proceedings which may be necessary. The Office of Education may forego the above preliminary motion procedure, and have such a claim heard and ruled upon at the hearing prior to the receipt of evidence on the merits. If the Office of Education should choose to refuse to arbitrate a dispute, nothing in this section shall preclude the Association from seeking, through appropriate administrative or judicial proceedings, to compel the Office of Education to proceed to arbitration. 9. The arbitrator shall have no power to render an award on a grievance and claim rising out of an act or omission prior to the reasons for said disposition within five (5) days of the Step 2 meeting. Copies effective date of this disposition shall be forwarded to Agreement or after the OAPSE Local #382 President, and the grievant’s immediate supervisor or Principaltermination of this Agreement.

Formal Procedure. Step 1 If a grievance is not resolved under the informal procedure, the grievance shall be reduced in writing on the grievance form and shall be filed with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge of the unit to which the grievance is assigned, not later than fifteen (15) working days after the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form shall be distributed to the Superintendent. If the written grievance is not filed within the foregoing time limit, the grievance shall be considered waived and further action barred. All known documentation pertaining to the alleged grievance shall be attached at the time of filingLevel 1. Within ten (10) workdays of receipt of the written grievance, the immediate supervisor or Principal may meet with the grievant or request additional written information in an effort to resolve the grievance. The immediate supervisor or Principal shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition, within five (5) work days of the Step 1 meeting. Copies of this disposition shall be forwarded to the grievant, the OAPSE Local #382 President, and the Superintendent. If the grievant is not satisfied with the disposition of the grievance in Step 1, or if no disposition has been made within the above stated time limitations, the grievant shall notify the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five (5) working days from the date of the written disposition or five (5) days from the date such disposition should have been given in Step 1. Copies of said form shall be forwarded to the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice receipt of appeal is not given within the foregoing time limita formal grievance, the grievance shall be considered waived and further action barred. Within ten (10) working days of his/her receipt of such written notice, the Superintendent building principal shall meet with the grievant or may request additional information in an effort to resolve aggrieved Staff Member. Within five (5) days following any such meeting, the grievance. The Superintendent principal shall indicate in writing to the grievant on the grievance form give his/her disposition of answer in writing. If the grievance and the reasons for said disposition is not settled at this level, then it may be referred to Level 2 within five (5) days of receipt of any answer given at this level. Level 2. Within five (5) days of a grievance being referred to this level, the Step 2 Superintendent or designee will meet with the participants of Level 1 and examine the facts of the grievance. The Superintendent shall give his/her written answer within five (5) days of any such meeting. Copies If the grievance is not settled at this level, then within five (5) days from receipt of the answer rendered at this level, the grievance may be referred to Level 3, the School Board. Level 3. Within fifteen (15) days of a grievance being referred to this level, the Board will hold a hearing with the participants and examine the facts of the grievance. The Board will thereafter, within ten (10) days of such hearing, give its answer, in writing. If the grievance is still not settled, the matter may be referred to arbitration by the Association within ten (10) days as set forth in Level 4 of this disposition procedure. Level 4. If the matter is referred to arbitration, then the parties shall first attempt to agree on a mutually acceptable arbitrator. If they are unable to do so within ten (10) days of the Association’s request for arbitration, then either party shall apply to the American Arbitration Association to name an arbitrator under the rules and procedures of the service. The arbitrator shall use his/her best efforts to arbitrate the grievance, including such matters of procedural and substantive arbitrability, but he/she shall have no power to add to or subtract from, alter, or modify any of the said provisions. The arbitrator shall thereafter submit a written decision to both parties. The parties agree to share equally in the compensation and expenses of the arbitrator. The arbitrator’s decision shall be forwarded advisory on both parties. Nothing contained herein shall be construed to deny to either party the OAPSE Local #382 Presidentright to take action under RSA 273-A:5,I. (h), A:5II. (f) and the grievant’s immediate supervisor or PrincipalRSA 273-A:15.

Formal Procedure. Step 1 If a grievance the Association is not resolved under the informal proceduregrievant, and the oral discussion fails to resolve the proposed grievance, the grievance Association shall proceed with Step Two of the Grievance Procedure, using the form set forth in Appendix A, which shall be reduced signed by the grievant. If an employee or employees are the grievants, and if the oral discussion fails to resolve the proposed grievance so that the employee or employees elect to pursue the grievance, the following formal Grievance Procedure shall be followed, using the form set forth in writing on Appendix A, which shall be signed by the grievant or grievants. The grievance form and shall be filed available in the principal’s office or through the Association. a. Step One The grievant shall file the signed grievance form with the OAPSE Local #382 President, and then the immediate supervisor or Principal, whomever is in charge principal of the unit to building in which the grievance is assigned, not later than arose within fifteen (15) working school days after the date on which the claimed violation, misinterpretation or misapplication occurred. Copies of the form alleged occurrence or within fifteen (15) school days of the time when the grievant, in the exercise of due care could reasonably have learned of the alleged occurrence. The grievant shall obtain the signature of the Principal or his/her designee on a copy of the grievance form, which copy shall be distributed to filed by the Superintendentgrievant with the Superintendent or his/her designee. If In the written event that the grievance is not filed within the foregoing time limitinvolves more than one school building, the grievance shall form may be considered waived filed directly with the Superintendent or his/her designee. The grievance form must be dated and further action barred. All known documentation pertaining state the nature and date of the occurrence giving rise to the alleged grievance shall be attached at grievance, the time specific provisions of filingthe Agreement violated, misinterpreted or misapplied and a specific remedy requested. Within The Principal shall, within ten (10) workdays school days of receipt of the written grievance, indicate the immediate supervisor or Principal may meet with the grievant or request additional written information in an effort to resolve the grievance. The immediate supervisor or Principal shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance in writing and the reasons for said disposition, within five (5) work days of the Step 1 meeting. Copies of this disposition a copy thereof shall be forwarded delivered to the grievant, grievant and to the OAPSE Local #382 President, and the Superintendent. Association. b. Step Two If the grievant is not satisfied with the Principal’s disposition of the grievance, or if no written disposition was made within the allowed ten (10) school days, a copy of the written grievance in and a copy of the Principal’s disposition, if any, shall be filed by the grievant with the Superintendent within five (5) school days of said disposition or within fifteen (15) school days of the original filing date, whichever shall be later. Within five (5) school days of the receipt of the grievance, the Superintendent shall meet with the grievant and discuss the grievance. Within ten (10) school days of said meeting, the Superintendent shall have delivered to the grievant and to the Association the written disposition of the grievance. c. Step 1Three If the grievant is not satisfied with the Superintendent’s disposition, or if no disposition has been made within the above stated time limitations, the grievant shall notify by the Superintendent in writing that the grievance is being appealed to Step 2. Such written notice must be filed on the grievance form with the Superintendent, within five (5) working days from the date of the written disposition or five (5) days from the date such disposition should have been given in Step 1. Copies of said form shall be forwarded to the OAPSE Local #382 President and the grievant’s immediate supervisor or Principal. If such written notice of appeal is not given within the foregoing time limit, the grievance shall be considered waived and further action barred. Within ten (10) working days of his/her receipt of such written notice, the Superintendent shall meet with the grievant or may request additional information in an effort to resolve the grievance. The Superintendent shall indicate in writing to the grievant on the grievance form his/her disposition of the grievance and the reasons for said disposition within five (5) days of the Step 2 meeting. Copies of this disposition shall be forwarded to the OAPSE Local #382 President, and the grievant’s immediate supervisor or Principal.ten