23.0 GRIEVANCE PROCEDURES
This grievance procedure applies to those conditions of employment within the discretion of the District. A grievance is defined as an allegation by an employee, group of employees, or Union regarding disputes that may arise involving the interpretation, application or violation of terms and conditions set forth by this Agreement provided that such condition of employment is within the scope of representation as defined in the Educational Employment Relations Act and other statutes and provided further that such condition of employment is within the Charter authority of the San Francisco Unified School District to so implement.
23.1 The Union and the District agree that everyone concerned will benefit when prompt and confidential resolution of grievance is encouraged. Therefore, the following procedure to accomplish this purpose is hereby established.
23.1.1 A grievance shall be a claimed violation, misinterpretation, or inequitable application of the terms and conditions of this agreement.
23.1.2 Since it is important that grievances be processed as rapidly as possible, the number of days stated below at each step shall be regarded as a maximum and every effort shall be made to expedite the process. The time limits specified may be extended by mutual agreement of the parties.
23.1.3 If a grievance hearing, at any step, is held on school time, the grievant(s) and the Union representatives shall be released with pay.
23.1.4 No grievance material shall be placed in the personnel file of employees exercising their rights under the grievance procedure. Neither shall such material be utilized in the evaluation reports, the promotional process, or in any recommendation for job placement.
23.1.5 All grievances shall commence at the informal step (23.2.1), except if a grievance arises from the action of an authority higher than the employee’s site supervisor, the grievance may be filed at step 2 of the grievance procedure within the timeline set forth in section 126.96.36.199.
23.2 Grievance Procedure Steps
23.2.1 Informal Step
An employee having a grievance may first discuss it with the employee’s site supervisor and try to work out a satisfactory solution in an informal manner with the supervisor.
23.2.2 Step One
188.8.131.52 If a solution, satisfactory to both the grievant and the site supervisor, is not accomplished by informal discussion, the grievant shall have the right to consult with, and be assisted by, a representative of the grievant’s own choice in this and all succeeding steps of this grievance procedure.
184.108.40.206 If the grievant desires to pursue this grievance beyond the Informal Step, the grievant shall, within twenty-two (22) working days after the act, occurrence, event or circumstances alleged to constitute a grievance submit a Letter of Grievance, Step One, to the site supervisor and the Labor Relations Office.
220.127.116.11 The Letter of Grievance – Step One, shall contain:
a. the date of the informal discussion; b. the date of the submission of the Letter of Grievance to the site supervisor; c. the specific provision(s) granting the condition of employment that the grievant alleges the District has violated; d. a full and complete explanation of the circumstances of the grievance; and e. the remedy sought by the grievant.
18.104.22.168 The site supervisor shall, within fifteen (15) working days of the receipt of the Letter of Grievance, investigate the grievance and submit a decision to the grievant, the Labor Relations Office and the Union.
22.214.171.124 The decision shall be in writing, and shall contain:
a. the date of receipt of the Letter of Grievance; b. the date of the submission of the decision to the grievant; c. the decision of the site supervisor, with supporting reasons therefore; and d. the Step One Letter of Grievance must be submitted at each step and may not be amended by the Grievant to set forth new matters.
23.2.3 Step Two
126.96.36.199 If the grievant is dissatisfied with the decision at Step One the grievant may, within fifteen (15) working days of receipt of the decision, file a written appeal to the Labor Relations Office.
188.8.131.52 The Step One Letter of Grievance shall be submitted to Step Two. The Letter may not be amended by the grievant to set forth new matters.
184.108.40.206 The Labor Relations Office shall within fifteen (15) working days of the receipt of the appeal, investigate the grievance, including affording the grievant and/or the Union an opportunity to be heard, and submit a decision to the grievant and the Union.
220.127.116.11 The decision shall be in writing, and shall contain:
a. the date of receipt of the appeal; b. the date of decision to grievant; and c. the decision of the Labor Relations Office with the supporting reasons therefore.
23.2.4 Step Three
18.104.22.168 Within fifteen (15) working days of receipt of the decision at Step II, a written request shall be submitted to the Labor Relations Office that the grievance be heard and resolved by an arbitrator.
22.214.171.124 The arbitrator shall be selected by mutual agreement between the grievant, or their representative, and the Labor Relations Representative. If the grievant, or their representative, and the Labor Relations Representative are unable to agree on the selection of an arbitrator the Union shall request the California State Mediation and Conciliation Service (CSMCS) to submit a list seven (7) arbitrators who have had considerable experience as an arbitrator in public employment disputes. The grievant, or their representative, and the Labor Relations Representative shall then alternately delete names from such list until only one (1) name remains; and that person shall serve as the arbitrator. Whether the Union/grievant or the Labor Relations Representative deletes the first name, shall be determined by lot.
126.96.36.199 Except when a statement of facts mutually agreeable to the grievant and the Superintendent’s designee is submitted to the arbitrator, it shall be the duty of the arbitrator to hear and consider facts submitted by the parties.
188.8.131.52 The District and Union will make every effort to schedule the arbitration hearing as soon as practicable.
184.108.40.206 After said arbitration, or review of mutually agreeable statement of facts, it shall be the duty of the arbitrator to make written findings of fact(s) which resolve the grievance.
220.127.116.11 The decision of the arbitrator shall be final and binding upon the parties.
18.104.22.168 The arbitrator’s authority shall be limited to a decision, based on submitted facts and applicable law, of whether the District has violated the terms and conditions set forth in this Agreement. Further the arbitrator shall have no power to decide any issue not submitted, nor add to, subtract from, or modify the terms of this agreement.
The grievance procedure may not be utilized to challenge or change Board of Education policies and administrative regulations, and the arbitrator shall have no jurisdiction to consider or act upon such challenges, except insofar as such policies and administrative regulations are specifically incorporated into this Agreement.
22.214.171.124 Each party (employee, group of employees, or Union and the Superintendent’s designee) to arbitration before an arbitrator shall bear its own expenses in connection therewith. All fees and expenses of the arbitrator and a reporter, if any, shall be borne and paid in full by the unsuccessful party.
In the event the arbitrator shall make a compromise decision, the party or parties who shall pay the fees and expenses of the arbitrator, and a reporter, if any, shall be determined on a proportional basis by the arbitrator. The arbitrator’s compensation and expenses shall be born equally by the worker or the Union and the District.
23.2.5 The Effect of Failure of Timely Action
Failure of the grievant to submit an appeal within the required time limit at any step shall constitute an abandonment of the grievance, except where the parties agree in writing to an extension. Failure of the District to respond within the time limit in any step shall permit a lodging of an appeal at the next step of this procedure within the time allotted had the decision been given.
The District and the Union agree that shop stewards and union officers shall attempt to resolve grievances at the lowest possible step and that the Shop Stewards, union officers and District management relationship should be positive. To this end, the District agrees to provide the Local 1021 Stewards Council two (2) hours per month to review grievances and participate in Labor-Management training sessions on personnel procedures and contract interpretation. This time shall not be paid by the District.