Date: 02/09/2023
Time: 05:00 PM
Location: District Administrative Board Room
Address: 901 Andrade Ave., Calexico, CA 92231
- CUSD Regular Board Meeting – February 9, 2023- Part 2
- CUSD Regular Board Meeting – February 9, 2023- Part 3
Category: Chapter 399
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Board Meeting: February 9, 2023
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Professional Growth
Are you interested in earning an additional 5% on your monthly paycheck? Are you planning to go back to school? All employees at Calexico Unified School District can apply for additional compensation.
This additional compensation is an award earned by a classified employee who successfully completes ten (10) semester units or the equivalent in academic courses. Course obtained must pertain to the employee’s specific classification or area of employment.
Classified Professional Growth Committee:
The Professional Growth Committee consists of:
- No more than five (5) full-time district employees.
- Four (4) members shall be from the Classified Service, appointed by the CSEA Chapter
- One (1) from the Administrative staff, appointed by the Superintendent.
Duties of the Committee
- Prepare a course list for recommendation to the Superintendent containing representative courses for each classification of employees or groups of employees, such a list is not to be exclusive, but to serve as examples and guides only.
- Place unit values on all approved courses.
- Recommend additional or revised policy to the Superintendent for Board adoption as necessary (i.e., how many units of approved coursework constitute additional compensation increment, etc.)
Qualification for the Award
- An additional compensation Award may be earned by a classified employee who successfully completes ten (10) semester units or the equivalent in academic courses taken in colleges, junior colleges, adult education, or other approved educational experiences such as attendance at institutes, lectures, workshops, seminars, or conferences sponsored by educational or professional associations. Course obtained must pertain to the employee’s specific classification or area of employment.
- Credit may be granted for courses not on the approved list when evidence that benefit will accrue to the District is shown (example: course outline) and when approved by the employee’s supervisor, the Director of Personnel, and the Superintendent (prior approval required prior enrollment).
- An employee who wishes to appeal his supervisor’s ruling with respect to the employee’s submission of individual research plans, or proposed courses for credit, and who wishes to have the matter reviewed in a hearing of the Professional Growth Committee, must present such request in writing to the Chairman of the Professional Growth Committee.
- Of the ten units required, not less than seven must relate to the employee’s specific classification or area of employment in the District. (All ten units may be in that area.)
- Credit may be granted only for courses successfully completed after July 1, 1970, during the first year of the program. After the first year of the program retroactive recognition is set at six (6) years and initiative and academic credits become outdated if not used within six (6) years.
- Participation in educational conventions, institutes, and conferences may be considered a part of this project. Credit will be allowed for participation if the District does not reimburse the participant for 51% or more of actual and necessary expenses, including mileage. A total contribution of ten- (10) hours of actual participation is required for one (1) growth point.
- No one shall receive credit for institutions, lectures, or conventions if these are attended during the working day and/or if the employee is being paid for other services at the same time without the prior approval of the Board of Trustees.
- Education required at the time of employment for the position may not count toward professional growth, except for promotional purposes.
- Incumbents in positions whose job specifications now require more educational training than that required at the time of employment shall be allowed credit for units that would have counted toward the requirement.
- One unit (or one semester hour) normally represents one hour per week during one semester in lecture or recitation work with necessary preparation time, or three hours per week in the laboratory or other work not requiring homework or other preparation.
- Credit for classes in adult education or other approved educational experiences will be equated as follows:
- Professional Growth will be capped at a maximum of 20%; Current employees can apply for two (2) additional awards of 5%, not to exceed 20%; New employees hired after July 1, 1999, can apply for one award of 5%. Thereafter they can apply for a one-time bonus of 5%.
- At least two (2) years must elapse before an additional increment may be granted.
- It is the responsibility of the employee to apply to the District Administration by May 1st that he/she will qualify for an award of additional compensation beginning the following July 1st. The 5% compensation shall become effective on the next July 1st, upon presentation of evidence of a grade of ‘C’ or better on completion of courses. (10 units)
- It is the responsibility of the employee to apply to the District Administration for credit for courses taken and to present evidence of successful completion of courses.
- Attachment A, List of Approved Courses, is a representative list of courses currently offered at nearby colleges, private institutions, the Regional Occupations Program, and adult education courses at high schools. The Classified Professional Growth Program Committee will revise the list.
- Upon the promotion of a Classified employee to a higher range, his/her professional growth program will commence without carryover of credits earned on the previous range.
- Limit course selection to 9 units per subject area.
Click on the links below to obtain more information about the CUSD Professional Growth program and how to submit your application.
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Newsletter: January 2023
In the first newsletter of this New Year. We would like to welcome our new e-board members:
- Gabriel Herrera: President
- Krystle Casarez: 1st VP
- Miguel Juarez: 2nd VP
- Lorena Gastelum: Treasurer Esperanza Amial–-Secretary
- Juan Ferraes: CPRO/CO
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Health Benefits
Benefit Guide & Forms
- 2022 Open Enrollment Information
- Benefit Bridge
- Benefits Guide
- Employee Assistance Program (EAP)
Insurance Information
Dental Plan
Medical Plans
- Summary of Benefits (July 1, 2022)
- Summary of Benefits and Coverage (July 1, 2022)
- 2022-23 SISC – ID Card-Rx- Information.pdf
- 2022-23 SISC Added Value Flyer.pdf
- SIMNSA Phone Numbers.pdf
Vision Plan
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A Guide to Position Transfers and Demotions
Labor contracts play a crucial role in protecting the rights and ensuring the fair treatment of employees in the workplace. Within your contract at Calexico Unified School District, provisions related to changes in position and class are essential for employees and employers to understand.
In this blog post, we will explore the key points of such provisions, clarifying their significance and implications. By the end, you will better grasp the rules governing transfers and demotions outlined in labor contracts.
Position Transfers
Transfers allow employees to move from one position to another within the same class, either at their request or for the good of the service. It’s important to note that transfers cannot be made for punitive or preferential reasons. The immediate supervisor holds the discretion to approve transfers, ensuring a fair and objective decision-making process.
Here are some of the rules included in the CUSD Contract:
- An employee may be transferred at his/her request or for the good of the service, from one position to another in the same class, at the discretion of the immediate supervisor, provided that such action shall not be taken for punitive or preferential reasons.
- A permanent employee may be transferred to a position in a related class on the same salary schedule.
- Transfers shall be made without changes in salary rate, anniversary date, accumulated sick leave, and accumulated vacation credit.
- A permanent employee who transfers to a position in a class in which he has not previously completed a probationary period shall be considered probationary in that class for a period of six (6) months or one hundred eighty (180) days. At any time during the probationary period, he may be returned (transferred) to his/her former class without rights of appeal, unless such action results in layoff, demotion, or reduction in assigned time. In the latter cases, the employee shall have the same appeal rights as a permanent employee who is demoted or dismissed.
- Transfers shall have the following effects on seniority: a. None within the same class; b. From one class to another, the employee shall not receive seniority credit in the new class for service in other classes; however, he shall retain such credit as seniority in the classified service.
- The transfer shall not be used as a device to alter the effects of an impending layoff, although employees whose positions are to be eliminated may transfer to other classes as this rule contemplates.
Demotions
Demotions refer to the voluntary or involuntary downward movement of an employee to a lower-class position. While involuntary demotions are not covered in this provision, it’s worth noting that voluntary demotions have certain conditions attached.
- A permanent employee may request a voluntary demotion to a class with a lower maximum qualification for that class. Such requests require District approval.
- A voluntary demotion is a privilege available to a probationary employee only in cases when he would otherwise be laid off for lack of work or lack of funds.
In Conclusion
Understanding the provisions related to changes in position and class outlined in labor contracts is crucial for employees and employers alike. By knowing the rules and implications surrounding transfers and demotions, individuals can navigate their career paths and exercise their rights effectively within the organization.
This blog post has aimed to shed light on the critical aspects of these provisions, empowering readers with the knowledge to better comprehend and make informed decisions based on their labor contracts.
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What are union dues and why do they matter?
Unions have been a prominent feature in the American labor market for many decades. Unions are organizations that represent the collective interests of employees in a specific industry or profession. They negotiate with employers to ensure that employees receive fair wages, benefits, and working conditions. One of the key components of union membership is the payment of union dues.
If you’re thinking about joining a union, or if you’re already a member. You may already hear the term “union dues”. But what are union dues, exactly, and why do they matter? In this article, we’ll explore what union dues are, how they’re calculated, and why they’re important for both unions and their members.
What Are Union Dues?
Union dues are fees paid by union members to support the activities and goals of their union. These fees can vary depending on the union and the industry, but they generally cover the costs of union administration, collective bargaining, and other union-related activities. Union dues can also fund political campaigns or other advocacy work related to workers’ rights and social justice issues.
The funds collected from union dues at Calexico Unified School District are used to support the union’s various activities, including:
- Negotiating with employers for better wages, benefits, and working conditions
- Representing members in labor disputes or grievances
- Providing education and training programs for members
- Advocating for labor-friendly policies at the local, state, and federal levels
How Are Union Dues Calculated?
The way union dues are calculated can vary depending on the union’s rules and bylaws. Some unions charge a flat rate per member, while others calculate dues as a percentage of a member’s wages or salary. In some cases, unions may also charge initiation fees or assessments for special projects or campaigns.
The Importance of Union Dues
Union dues are critical to the continued success of labor unions. Here are some of the reasons why they matter:
1. Funding for Collective Bargaining
One of the most important roles of unions is collective bargaining. This process involves negotiating with employers on behalf of union members to secure better wages, benefits, and working conditions. Union dues provide the funding necessary to support this bargaining process. Without this money, unions would not have the resources needed to effectively negotiate with employers, and the bargaining process would suffer.
2. Protection of Employee Rights
Unions play a vital role in protecting the rights of employees in the workplace. They represent members in grievances and disciplinary proceedings and advocate for fair treatment and due process. Union dues fund the resources necessary to provide these services to members. Without funds, unions would not be able to provide the necessary legal and financial support to their members.
3. Professional Development and Training
Many unions provide education and training programs to their members. These programs help members improve their skills and knowledge in their respective fields, making them more valuable employees. Union dues fund these programs, which can help members advance in their careers and earn higher wages.
4. Political Advocacy
Unions advocate for policies that benefit working people, such as better wages, workplace safety regulations, and healthcare access. Union dues fund the resources necessary to support these advocacy efforts, including lobbying, political campaigning, and grassroots organizing.
The Controversy Surrounding Union Dues
Some people argue that mandatory union dues are unfair because they force workers to support an organization they may not agree with or want to be a part of. These individuals may feel that they should be able to negotiate their own wages and benefits without the involvement of a union.
The right-to-work movement
The right-to-work movement is a political and ideological movement that seeks to limit the power of unions by making it illegal for unions to require workers to pay dues as a condition of employment. Right-to-work laws have been passed in several states in the US, and they are often supported by conservative politicians and business interests.
In 2018, the US Supreme Court ruled in Janus v. AFSCME that mandatory union dues for public sector employees were unconstitutional. This decision has been controversial, with some arguing that it weakens the power of unions and undermines workers’ rights to collective bargaining.
- Critics against the right-to-work movement argue that right-to-work laws weaken union power and benefit corporations by limiting the labor union budget.
- Research at the Economic Policy Institute shows that states with RTW laws see higher employment but lower wages for workers.
- The biggest difference between workers in RTW and non-RTW states is the fact that workers in non-RTW states are more than twice as likely (2.4 times) to be in a union or protected by a union contract.
- Average hourly wages, the primary variable of interest, are 15.8 percent higher in non-RTW states ($23.93 in non-RTW states versus $20.66 in RTW states). Median wages are 16.6 percent higher in non-RTW states ($18.40 vs. $15.79).
In Conclusion
In summary, union dues are the fees paid by members of a union to support the organization’s activities and initiatives. These fees are used to fund collective bargaining efforts, improve working conditions, provide training and development opportunities, and support strike funds, among other things. While there is some controversy surrounding mandatory union dues, many workers benefit from the collective bargaining power of unions and the improved wages, benefits, and working conditions that they can secure.
If you’re considering joining a union, it’s important to understand the role that union dues play and the benefits that they provide to both the union and its members.
*Thank you for reading! If you have any questions or comments about union dues or anything else related to unions, please feel free to leave them in the comments section below.
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Labor Union Contracts: A Comprehensive Guide
A labor union contract is also known as collective bargaining agreement. A bilateral agreement that establishes the terms and conditions of employment for union members. Contract language can vary significantly across industries and workforces but we can still expect to see some common issues addressed in collective bargaining.
This is one of the most important benefits of coming together with your colleagues to form a union is gaining the clarity and security of a union contract. In this article, we will explore many of the most important segments of labor union contracts, including their components, the collective bargaining process, and the importance of good-faith negotiations.
Collective Bargaining and Negotiation Process
The term “collective bargaining” refers to the negotiation of employment terms between an employer and a group of workers. Labor union contracts are the outcome of this negotiation process, which involves two committees representing the union members and management.
Union members are normally represented by their labor union during collective bargaining. The union’s bargaining team is usually selected through a process outlined in the union’s constitution and by-laws, while the employer designates the management team.
In union employee contract negotiations, the parties involved typically include representatives from the labor union, such as the union’s local president, employees within different departments, and/or union steward. On the other side, the employer’s negotiating team may consist of leaders from the human resources department, the company’s president, and a lawyer knowledgeable in labor and employment law.
Key Components of Labor Union Contracts
Labor union contracts include various components that outline agreements on wages, benefits, working schedules, seniority-based bidding for shifts, holiday schedules, and grievance procedures. Early in negotiations, the parties focus on two critical clauses: management’s rights and the deduction of union dues from employees’ paychecks.
Labor union contracts include several key components that outline the rights, obligations, and terms of employment for union members. These components include:
- Wages: The contract specifies the wages or salary structure for different job classifications and may include provisions for regular pay increases or cost-of-living adjustments.
- Benefits: It outlines the comprehensive benefits package offered to union members, which may include health insurance, retirement plans, vacation and sick leave, and other fringe benefits.
- Working Schedules: The contract defines work hours, shift rotations, and any provisions for overtime pay, as well as guidelines for breaks and meal periods.
- Seniority-Based Bidding: It establishes a system for assigning shifts, promotions, or job assignments based on seniority within the union.
- Holiday Schedules: The contract outlines the recognized holidays and any premium pay rates or time-off provisions for working on holidays.
- Grievance Procedures: It establishes a formal process for resolving disputes or grievances between union members and the employer, including steps for filing complaints and the arbitration process if necessary.
- Management Rights: The contract defines the scope of the employer’s authority and outlines the limitations on management’s decision-making power within the unionized workforce.
- Union Dues: It includes provisions on how union dues are collected from employees’ paychecks and remitted to the labor union.
These components serve as the foundation for the working relationship between the labor union and the employer, ensuring clarity and fairness in the terms and conditions of employment.
Tentative Agreement and Ratification Process
When the union and the employer reach a tentative agreement, they create a memorandum of understanding (MOU). This document contains all the elements of the final contract but requires ratification by the union members. After reviewing the MOU, the parties reconvene to address outstanding matters and negotiate final details. Upon reaching a final agreement, the labor union seeks ratification through voting among its members.
- A tentative agreement in the context of labor union contracts refers to a preliminary or initial agreement reached between the labor union and the employer. This agreement outlines the terms and conditions of employment, including provisions related to wages, benefits, working conditions, and other relevant factors. However, it is important to note that a tentative agreement is not yet final or binding.
- After reaching a tentative agreement, the labor union and employer typically draft a document called a Memorandum of Understanding (MOU) or a similar term. The MOU contains all the agreed-upon elements of the contract but requires further steps for it to become a fully ratified and enforceable labor union contract.
- The ratification process is the next stage, wherein the labor union seeks approval from its members regarding the tentative agreement. The union’s bargaining committee presents the details of the agreement to union members and allows them to vote on whether to accept or reject it. The voting process may vary but is typically conducted through a formal ballot or secret ballot.
- If the majority of union members vote in favor of the agreement, the contract is considered ratified. Once ratified, the labor union contract becomes legally binding, and the terms outlined in the agreement are enforceable by both the union and the employer.
The tentative agreement and ratification process ensures that the labor union members have the opportunity to review and approve the negotiated terms before they become legally binding, ensuring democratic decision-making within the union.
Importance of Good Faith Bargaining
The National Labor Relations Act mandates good-faith efforts from both the union and the employer during the bargaining process. Good faith bargaining entails scheduling convenient sessions, preparedness for negotiations, and refraining from intimidating behaviors. Actions such as stonewalling and unreasonable demands are considered bad faith and violate the act. The National Labor Relations Board intervenes when either party fails to bargain in good faith.
The importance of the good faith bargaining during the collective bargaining process is an essential part of the negotiation between labor unions and employers. Here are the key reasons why:
- Promotes Fairness and Balance: Good faith bargaining fosters a fair and balanced negotiation process, where both parties actively engage in meaningful discussions and make sincere efforts to reach mutually acceptable agreements. It ensures that neither the union nor the employer holds an unfair advantage or exploits the bargaining process.
- Enhances Trust and Collaboration: Acting in good faith builds trust and facilitates a collaborative atmosphere during negotiations. When both the union and the employer approach bargaining with openness, honesty, and a willingness to find common ground, it paves the way for constructive dialogue and the exploration of creative solutions.
- Encourages Efficient Negotiations: Bargaining in good faith helps streamline the negotiation process, as both parties come prepared with relevant information and are committed to reaching timely resolutions. This reduces unnecessary delays, promotes efficiency, and minimizes disruptions to work and productivity.
- Preserves Labor-Management Relationships: By engaging in good faith bargaining, labor unions and employers can maintain positive relationships even during challenging negotiations. It demonstrates respect for each other’s interests and concerns, which can help preserve long-term working relationships and prevent unnecessary conflicts or animosity.
- Complies with Legal Requirements: Good faith bargaining is often a legal obligation enforced by labor laws and regulations. In many jurisdictions, labor relations statutes mandate that both parties negotiate in good faith, prohibiting bad-faith actions such as making unreasonable demands, stonewalling, or engaging in coercive tactics. Compliance with these legal requirements is crucial to avoid potential legal consequences or sanctions.
- Facilitates Sustainable Agreements: Bargaining in good faith increases the likelihood of reaching durable and sustainable labor union contracts. When both parties genuinely consider each other’s perspectives and interests, the resulting agreements tend to be more comprehensive, mutually beneficial, and capable of fostering long-term stability and cooperation.
Good faith bargaining is essential for promoting fairness, trust, collaboration, efficiency, and legal compliance in labor union contract negotiations. It sets the foundation for constructive and successful labor-management relationships, benefiting both union members and employers alike.
Conclusion
Labor union contracts play a vital role in establishing the rights and responsibilities of both union members and employers. Through collective bargaining and good faith negotiations, these contracts ensure fair working conditions and address grievances.
Understanding the components and processes involved in labor union contracts is crucial for both parties involved in the employment relationship.
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Union Representatives
Meet CSEA CHAPTER 399 Union Representatives to stay informed and get the most out of your union membership. Union Leaders and Site Representatives can answer questions and provide advice on how to make the most of your employment and union rights.Chapter Executive Board
Elizabeth Esqueda
Chapter President
Krystle Casares
First Vice President
Pat Bristow
Second Vice President
Juan Ferraes
Chapter Treasurer
Rosa Bermudez
Communications Officer
Linda Luna
Secretary
Site Representatives
Every school in the Calexico School District has a field representative also known as Union Stewards to back you up and help you stay union strong.
Carmela Perez Chief Steward, Steward Alejandro Huezo Steward Alejo Cortez Steward Corina Garcia Steward Elizabeth Esqueda Steward Emilio Pinon Steward Esperanza Amial Munguia Steward Graciela Aldana-Batani Steward Jesus Bravo Steward Judith Lopez Steward Krystle Casares Steward Maria Bravo Steward Maria Del Carmen Arreguin Quijada Steward Maria Lim Steward Priscilla Beltran Steward Additional Contacts
Troy Johnson Area K Director
Board of DirectorsSusan Zarate-Sandoval Regional Representative
Region 53Gary Snyder Field Director
San Diego Field OfficeRene Pollard Labor Relations Representative
San Diego Field OfficeWant to become a CSEA Union Steward?
The CSEA job steward is a vital representational link between bargaining unit employees, their union, and site-level management. If you are interested in becoming a CSEA Union Steward ask your Union representatives for more information.
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Board Meeting: January 19, 2023
Date: 01/19/2023
Time: 05:00 PM
Location: District Administrative Board Room
Address: 901 Andrade Ave., Calexico, CA 92231
- CUSD Regular Board Meeting – January 19, 2023- Part 2
- CUSD Regular Board Meeting – January 19, 2023- Part 3
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Grievance Procedure
One of the most useful tools a contract provides you with is the grievance procedure. Often employees think filing a grievance will label them as a “troublemaker,” but really the grievance process is just that—a process, which we use to resolve violations of our rights in a professional, orderly manner.
A “Grievance” is a formal written allegation by a grievant that he/she has been adversely affected by a misinterpretation, misapplication, or alleged violation of a specific provision of the collective bargaining agreement or incorporated Board policies. A “Grievant” may be CSEA or any member(s) of the bargaining unit. Unless specifically mentioned otherwise, a “Day” is any day on which the central administrative office of the District is open for business and the unit member(s) is (are) scheduled to work.
The “Immediate Supervisor” is the lowest level management member having a line supervisory authority over the grievant who has been designated to adjust grievances. The “Second Level Supervisor” is the supervisor of the management member defined above as an “Immediate Supervisor”.
Grievance Procedure
The CSEA contracts contain a two-step grievance process. Remember, to consult your contract to understand the grievance process and timelines.
Informal Level:
Before filing a formal written grievance, (Appendix B) the grievant shall attempt
to resolve the problem by scheduling an informal conference with his/her immediate supervisor. The grievant may be accompanied by his/her Association Representative at the informal conference with the immediate supervisor.The problem shall be discussed orally, including the nature of the problem, the person or persons involved, and the remedy sought. The immediate supervisor shall respond to the complaint within three (3) days. If the grievant is not satisfied with the proposed resolution or if the immediate supervisor has not responded within three (3) days of the formal conference, the grievant may proceed to Step One of the Formal Grievance Process.
Formal Level:
Step One:
- Within twenty (20) days after the occurrence of the act, or omission giving rise to the grievance, or the date when the grievant should reasonably have been aware of the act or occurrence, the grievant must submit his/her grievance to his/her immediate supervisor in writing using a District classified grievance form.
- This grievance statement shall be a clear, concise statement of the circumstances giving rise to the grievance, citation of the specific article(s), section(s), and paragraph(s) of the collective bargaining agreement or incorporated Board policies that is (are) alleged to have been violated, the names of persons who witnessed or have first-hand knowledge of the grievance, and the remedy sought. The grievance shall be signed by the grievant.
- The immediate supervisor or his/her designee shall respond in writing within five (5) days after the receipt of the grievance at Step One.
- If the grievant is not satisfied with the decision of the immediate supervisor, the grievant may within five (5) days of receipt of the immediate supervisor’s response, request on the proper District grievance form that the grievance procedure to Step Two.
Step Two:
- The grievant shall submit to his/her second-level supervisor a copy of the original grievance form, a copy of the first-level supervisor’s response, and a signed, written statement of the reason for the appeal and the resolution requested. The second-level supervisor, or his/her designee, shall respond to the grievance in writing within five (5) days after the receipt of the grievance at Step Two.
Step Three:
- If the grievant is not satisfied with the decision rendered in Step Two, the grievant may submit the grievance in writing to the District Superintendent within five (5) days after the receipt of the response in Step Two. The Superintendent, or his/her designee, will respond in writing within five (5) days of receipt of the said grievance.
Step Four:
- If not satisfied with the decision at Step Three, the grievant may, within five (5) days from the Step Three decision being rendered, submit a request in writing to the Superintendent that the grievance be submitted to the Board.
- A hearing shall be conducted by the Board at the next regularly scheduled Board meeting or at a mutually agreeable time but in no event, more than ten (10) days after the request for a hearing has been received.
- A hearing shall be conducted in an informal manner with only those having a legitimate interest in the problems at issue allowed to attend. The Board may admit evidence and testimony regarding incidents and occurrences that antedate the event giving rise to the grievance if they conclude that they have sufficient relevance as background information. They may also take further testimony they deem necessary. The hearing shall be conducted in accordance with fundamental rules of fairness and due process.
- The Board shall render written findings, conclusions, and recommendations within ten (10) working days of the termination of the hearing. The findings, conclusions, and recommendations shall be sent to the parties concerned and to the Superintendent for implementation.
Step Five: Binding Arbitration
- If the grievant is not satisfied with the decision of the Board,
- he/she may within five (5) days submit a request in writing to the Superintendent for binding arbitration of the dispute.
- The grievant and the District shall attempt to agree upon an arbitrator. If no agreement can be reached, either party shall request the California Conciliation Services to supply a panel of five (5) 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 arbitrator. The order of the striking shall be by lot.
- The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the grievant. All other expenses shall be borne by the party incurring them.
- The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to him/her. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step.
- The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, regulations, and procedures of the District. California Conciliation Services rules shall govern.
- After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit his/her findings and recommendations to all parties. Absent mutual agreement of the parties to the contrary, the arbitrator’s decision shall be submitted to the parties within thirty (30) days after the completion of the hearing.
- The arbitrator’s decision shall be final and binding on the parties.
Grievance Meetings
The immediate supervisor, second-level supervisor, and/or District Superintendent, or his/her designee, may schedule such meetings with the grievant as deemed appropriate to discuss the grievance and attempt resolution at Steps One, Two, and Three. The grievant shall be present at all grievance meetings. The absence of the grievant at a meeting shall constitute a waiver of the grievant’s right to further processing of the grievance. In instances of emergency or illness, the grievant shall have the right to have the meeting rescheduled.
The grievant is entitled to association representation at all steps of the grievance procedure specifically at every meeting between the grievant and a district administrator. Should the grievant elect not to be represented by the Association, the District shall notify the Association of any settlement reached. The settlement shall not violate the terms and conditions of the collective bargaining agreement.
In Conclusion
As you can see, the grievance procedure is there for us—but only if we use it. This article is just to show you an overview of the rights and tools that we as CSEA employees can utilize to fight for your rights. Take a moment to review the grievance procedure in your contract.