CAPÍTULO 3. METODOLOGÍA DE LA INVESTIGACIÓN
3.2.5 Ciclo de vida de la plataforma y alcance del período a analizar
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18.0 Frequency: Each permanent employee shall receive a 3
written evaluation at least once every other year. New employees 4
shall be on probation for six (6) working months and the District 5
shall provide each probationary employee with a written evaluation 6
no later than the month following the employee's third (3rd) and 7
fifth (5th) months of employment. 8
18.1 Effect of Promotion: When an employee is promoted, 9
that employee shall serve a probationary period of six (6) months 10
in the new position. The District shall provide each employee who 11
has been promoted to a position in a higher classification with a 12
written evaluation in the month following the employee's third 13
(3rd) and fifth (5th) months of service in the new position. 14
18.2 Recommendations for Improvement: Where an evaluation 15
is less than satisfactory or whenever considered appropriate by the 16
evaluator, evaluations shall contain recommendations and/or 17
directions for improvement in the employee's performance. 18
Recommendation and/or directions for improvement need not be made 19
where the evaluator recommends dismissal. At least one (1) copy of 20
each evaluation shall be placed in the employee's personnel file. 21
18.3 Restoration to Position: When an employee has been 22
promoted and then fails to perform satisfactorily in the new 23
position, the employee shall be restored to a position in the 24
employee's former classification and the employee with the lowest 25
seniority in the classification may be laid off. 26
18.4 Employee Receipt of Evaluation: Each employee must 1
receive from his supervisor a copy of the evaluation report to be 2
sent to the Human Resources Office, and the supervisor shall meet 3
with the employee at the time the employee signs the evaluation to 4
discuss the evaluation. The employee shall sign the copy to be 5
sent to the Human Resources Office. The signature shall mean only 6
that the employee has received a copy of that report. If the 7
employee refuses to sign the evaluation, the supervisor shall write 8
"refused to sign" and the date in the employee block. 9
18.5 Right to Rebuttal: An employee may, within ten (10) 10
working days of his/her receipt of an evaluation report, submit a 11
written rebuttal to the Human Resources Office. Any rebuttal 12
submitted in a timely manner will be attached to the appropriate 13
evaluation report in the employee's personnel file. 14
18.6 Right to Grieve: An employee shall have the right to 15
grieve an alleged violation of the evaluation procedures. The 16
actual wording of the evaluation shall not be grievable. 17
18.7 Appeal: An employee alleging that the supervisor has 18
made a false statement of fact in an evaluation may appeal the 19
statement in such evaluation to the Superintendent or designee. 20
18.8 Hearsay Statements: No evaluation shall be made based 21
upon hearsay statements, but shall only be based upon the direct 22
knowledge of the evaluator. Direct knowledge may include written 23
documentation from other parties. 24
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ARTICLE XIX 1 GRIEVANCE PROCEDURE 2 19.0 Definitions: 3
19.0.1 A "grievance" is hereby jointly defined to be 4
any controversy, complaint, misunderstanding or 5
dispute arising as to interpretation, application or 6
observance of any of the provisions of this Agreement, 7
which has adverse impact on a unit member(s). Other 8
concerns or grievances of unit members, not related to 9
this Agreement, may be presented through the 10
Individual Complaint Procedure contained in the Board 11
Policy Handbook and may be processed and adjusted by 12
individual unit members without the intervention of 13
the Association as long as the adjustment is not 14
inconsistent with the terms of this Agreement. 15
19.0.2 A "day" is defined as any day in which the 16
District Office of the Val Verde Unified School 17
District is open for business. 18
19.0.3 The "intermediate supervisor" is defined as 19
the lowest supervisor or administrator having 20
immediate jurisdiction over the grievant and who had 21
been designed to adjust grievances. 22
19.0.4 A "grievant" is defined as the unit member or 23
members, including CSEA or representatives thereof, 24
making the claim. 25
19.0.5 A "party in interest" is defined as any person 26
who might be required to take action, or against whom 1
action might be taken, in order to resolve the claim. 2
19.1 Procedure: In the event of any grievance on the part 3
of a unit member who has been adversely affected, it shall be 4
handled in the following manner: 5
19.2 Informal Adjustment: 6
19.2.1 Within twenty (20) days of the occurrence of 7
the event giving rise to the grievance, the unit 8
member will present the problem to his/her immediate 9
supervisor for discussion and possible solution. 10
During this discussion the unit member shall not be 11
represented by the Association. If the problem is not 12
resolved after three (3) days, then the following 13
formal grievance procedure shall be followed: 14
19.3 Formal Levels: 15
19.3.1 Level I: Within the time limits set forth in 16
19.2.1 above, and after discussion with his/her 17
immediate supervisor, the unit member shall report the 18
grievance to his/her designated Job Stewart of the 19
appropriate CSEA form. The Job Steward shall attempt 20
to adjust the matter with the unit member's immediate 21
supervisor within two (2) days thereafter. 22
19.3.1.1 If agreement is not reached, the Job 23
Steward shall, within the time limits set forth in 24
19.2.1 above, submit the grievance form to the unit 25
member's immediate supervisor. 26
19.3.1.2 Within five (5) days after the grievance 1
is filed, a conference must be scheduled if 2
requested by either party. At the conference, 3
either party may be accompanied by an advisor or 4
representative. At the option of the Association, 5
an aggrieved unit member may participate in the 6
conference. 7
19.3.1.3 The supervisor shall communicate his/her 8
decision to the Job Steward on the grievance form 9
within five (5) days after receiving the grievance 10
or holding the conference whichever is later. 11
19.3.2 Level II: If the supervisor does not respond 12
within the time limit, or if the matter is not 13
resolved at Level I, the Associate may appeal the 14
grievance on the grievance form to the Superintendent 15
or his/her designee within ten (10) days. This appeal 16
shall include a copy of the original grievance form 17
completed at Level I, and a clear statement of the 18
reason(s) for the appeal. 19
19.3.2.1 Within five (5) days after the appeal is 20
filed, a conference must be scheduled if requested 21
by either party. At the conference, either party 22
may be accompanied by an advisor or representative. 23
At the option of the Association, an aggrieved unit 24
member may participate in the conference. 25
19.3.2.2 The Superintendent or his/her designee 26
shall communicate his/her decision on the grievance 1
form to the Association representative who filed 2
the appeal, within five days after receiving the 3
grievance or holding the conference, whichever is 4
later. 5
19.3.3.1 Grievances which are not concluded 6
pursuant to the procedures set forth in Sections 7
19.3.1 through 19.3.2 and which the Association 8
desires to appeal shall be submitted to arbitration 9
as set forth in this section provided that written 10
notice is given to the District by the Association 11
within ten (10) working days after the answer of 12
the Superintendent or his/her designee is rendered. 13
19.3.3.2 Upon receipt of the Association appeal, 14
the parties shall endeavor to agree upon an 15
arbitrator. If no agreement is reached within ten 16
(10) working days, the parties shall proceed under 17
the voluntary Labor Arbitration Rules of the 18
American Association of Arbitrators and shall 19
request the American Arbitration Association to 20
supply a panel of seven (7) names of arbitrators. 21
Each party shall alternately strike a name until 22
only one (1) name remains who shall be the 23
arbitrator. The party who strikes the first names 24
shall be determined by lot. 25
19.3.3.3 The fees of the arbitrator shall be 26
shared equally by the parties. Either party may 1
request a transcript of the proceedings and the 2
party requesting such shall bear the expenses 3
thereof. Each party shall bear the expense of the 4
presentation of its own case. 5
19.3.3.4 The arbitrator shall have no power to 6
alter, amend, change, modify, add to or subtract 7
from any of the terms of the Agreement. The 8
decision of the arbitrator shall be based solely 9
upon the evidence and argument presented to him/her 10
by the respective parties in the presence of the 11
other. No decision shall be retroactive beyond the 12
filing of the grievance. The arbitrator shall have 13
no authority to hear and issue a decision upon more 14
than one grievance at a time unless the Board and 15
the Association expressly agree otherwise. 16
19.3.3.5 Subject to the provisions of the 17
California Code of Civil Procedure and this 18
Agreement's specific exclusion of issues from the 19
grievance-arbitration process, the decision of the 20
arbitrator shall be final and binding upon the 21
parties of the Agreement. 22
19.4 General Provisions: 23
19.4.1 If a grievance is not pursued within the times 24
specified, the grievance shall be considered settled 25
at that level and no further action can be taken. 26
19.4.2 The District shall provide reasonable time 1
without loss of pay to the grievant, witnesses, and an 2
Association representative when required to attend 3
grievance meetings or hearings. 4
19.4.3 If a grievance affects a group or class of 5
employees and the facts with respect to all persons 6
alleged to be aggrieved are substantially the same and 7
the issue(s) raised by the grievance are the same as 8
to all employees involved, the Association may 9
initiate and submit such grievance directly to the 10
Superintendent or his/her designee. The processing of 11
such grievance shall commence at Level II. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
ARTICLE XX
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