Grievances

GCFA’s conciliation and grievance team performs an especially valuable service. When, as sometimes happens, faculty have differences with administrators who represent the Board, GCFA’s trained grievance officer and the Association President are asked to lend their communication skills in helping to resolve matters swiftly and to the mutual satisfaction of the parties involved. Those few disputes that are not resolved through conciliation are eligible for more formal action through the contractual grievance process. GCFA has negotiated Binding Arbitration into the Contract.

A "grievance" is a written complaint by a Unit Member alleging a violation or misapplication by the District, its officers or agents of the GCFA Contract, which he/she claims has had an adverse effect on the grievant. Resolution of matters for which other procedures are specifically provided by federal or state law shall be undertaken through the appropriate procedures. These processes for resolution are limited to dismissals, HEW, EEOC, FEPC and OSHA claims. See Article 9.

The District will not process a grievance that is presented by a Unit Member forty-five (45) days after the occurrence or alleged occurrence of the event giving rise to the grievance or forty-five (45) days after the Unit Member should reasonably have known of the event.

Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit an appeal to the next step of the procedure within the time allocated had the decision been given. Failure to appeal a decision within the specified time limits shall be deemed an acceptance of the decision.

Grievance Level 1

• A grievance shall be presented in writing to the immediate supervisor using the grievance form.

• The immediate supervisor shall meet with the aggrieved party and/or designated Association representative within five (5) days of receipt of the grievance.

• The immediate supervisor shall provide a written disposition of the grievance, including the reasons therefore, to all parties of interest within five (5) days of such meeting.

• If the aggrieved party and/or the Association is not satisfied with the disposition of the grievance or if no disposition has occurred within five (5) days from the meeting noted in 9.3.1.3, the grievance may be appealed to Level 2, with a copy simultaneously provided to the Association President.

• If a grievance arises from action or inaction on the part of a member of the Administration at a level above the immediate supervisor, the aggrieved party shall submit such grievance in writing directly to the President and the Association with the processing of such grievance to commence at Level 2.

Grievance Level 2

• A grievance shall be presented in writing to the President or his/her designee using the grievance form within ten (10) days from the time noted in 9.3.1.4.

• The President or his/her designee shall meet with the aggrieved party and/or the Association representative within ten (10) days of receipt of the grievance appeal.

• The President or his/her designee shall provide a written disposition of the grievance, including the reasons therefore, to all parties of interest within five (5) days of such meeting.

• If the aggrieved party and/or the Association is not satisfied with the disposition of the grievance or if no disposition has occurred within five (5) days of such meeting or ten (10) days from the date of the receipt of the grievance at Level 2, the aggrieved party may request the Association to submit the grievance to arbitration.

Grievance Level 3

• If the Association proceeds to arbitration, it shall notify the District in writing.

• Within thirty (30) days of such notification, representatives of the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve.

• If the parties are unable to agree upon an arbitrator within the specified period, the Association shall file a demand to arbitrate to the California Mediation and Conciliation Service. In the event the California Mediation and Conciliation Service is not available or able to provide an arbitrator, both parties agree to use the American Arbitration Association.

• The arbitrator's decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issues submitted. The District and the Association agree that the jurisdiction and authority of the arbitrator so selected and the opinions the arbitrator expresses will be confined exclusively to the interpretation of the express provision or provisions of this Agreement at issue between the parties. The arbitrator shall have no authority to add to, subtract from, alter, amend or modify any provisions of this Agreement or impose any limitations or obligations not specifically provided for under the terms of this Agreement. The arbitrator shall be without power or authority to make any decision that requires the District or the Administration to do an act prohibited by law. The arbitrator shall not give any award of back pay that is retroactive to a date earlier than forty-five (45) days before the date the grievance was filed. The decision of the arbitrator shall be binding.

• All costs for the services of the arbitrator, including, but not limited to per diem expenses, his/her travel and subsistence expenses and the cost of any hearing room, will be borne equally by the Board and the Association. All other costs, except for released time for the grievant(s), Association representative(s) and witnesses, will be borne by the party incurring them.

• Time limits provided for at each level shall begin the day following receipt of the grievance, grievance appeal or written decision.

• Since it is important that grievances be processed as rapidly as possible, the time limits specified at each level should be considered to be maximums and every effort should be made to expedite the process. The time limits may, however, be extended by mutual agreement.

• In the event a grievance is filed at such a time that it cannot be processed through all the steps in this grievance procedure by the end of the school year, then upon request of the Association the processing of the grievance shall be deferred until the second (2nd) week of the next succeeding semester, excluding the summer session, unless the parties mutually agree to process the grievance during the summer for reasons of harm to the aggrieved person.

• The Association, either in its own behalf or in behalf of the affected teachers, may initiate a grievance which affects more than one (1) teacher in a class action fashion.

• When it is necessary for a representative designated by the Association to attend a grievance meeting or hearing during the day, he/she will, upon notice to the immediate supervising administrator by the President of the Association, be released without loss of pay in order to permit participation in the foregoing activities. Any Unit Member who is requested to appear in such meetings or hearings as a witness will be accorded the same right.

• All documents, communications, and records dealing with the processing of a grievance will be filed in a separate grievance file and will not be kept in or considered part of the personnel file of any of the participants.

• Forms for filing grievances, serving notices, making appeals, making reports and recommendations, and other necessary documents shall be prepared by the District and mutually approved by the Association, and after mutual approval by the parties, given appropriate distribution so as to facilitate operation of the grievance procedure. The costs of preparing such forms shall be borne by the District.

• Upon mutual agreement of the Association and the President, a grievance may be taken directly to arbitration.

• A Unit Member may at anytime present grievances to the employer, and have such grievances adjusted with the intervention of the Association, as long as the adjustment is reached prior to arbitration and such adjustment is not inconsistent with the terms of the written agreement. If an employee presents a grievance on his/her own behalf, the Association shall be notified and given the opportunity to present its views beginning at the informal level and all successive steps. The District shall not agree to a resolution of the grievance until the Association has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response.

To discuss a possible grievance and begin the grievance process, please contact one of GCFA's grievance officers: View Current Grievance Officers.