AVSTA CSEA-CONTRACT-April 12, 2023

personnel files of the participants. The grievant shall have access to all grievance documents in such file.

20.2.4 Grievance meetings will be scheduled by the Agency at mutually convenient times and places. Normally, such meetings will be scheduled in such a manner that they will not conflict with regular duties; however, when such meetings are scheduled so as to conflict with the unit member's work hours, reasonable released time, without loss of salary, will be provided to the grievant and his/her authorized Association representative, if any. In addition, witnesses shall be given released time while testifying. This constitutes reasonable periods of released time within the meaning of Government Code Section 3543.1(c). 20.2.5 When a grievance has been filed by an employee the grievant may terminate the grievance at any time by giving written notice to the Agency. Failure to comply with time limits, to attend scheduled meetings, to discuss or hear the grievance or to provide requested information at the grievant’s disposal relating to the subject matter of the grievance shall be deemed a termination of the grievance by the employee. The Agency shall give written notice of such termination to the employee. 20.2.6 In order to encourage a professional and harmonious disposition of unit member's complaints it is agreed that from the time a grievance is filed until it is processed through the grievance procedure neither the grievant nor the Association nor the Agency shall make public either the grievance or evidence regarding the grievance. Documents relevant to processing a grievance shall be furnished upon request by either party. 20.2.7 Nothing contained in this grievance procedure shall be construed as limiting the right of a unit member, at any time, to present grievances to the Agency and have such grievances adjusted without the intervention of the Association, as long as the adjustment is consistent with the terms of this Agreement and section 3543 of the Government Code; provided, however, that the Agency shall not agree to a resolution of said grievance until the Association has received from the agency a copy of the grievance and the proposed resolution and has also been given the opportunity to challenge the resolution. The Association reserves the right to challenge the resolution of such a grievance based on the allegation that the resolution is inconsistent with the terms of this Agreement. 20.2.8 The grievant shall be entitled, upon request, and with advance notice of at least one day, to Association representation at all grievance meetings. The grievant, however, must be present at each step of the grievance procedure, unless excused by the Agency. If the grievant is unable to be present due to an absence from duty caused by illness, injury or other acceptable reason, the processing of the grievance shall be deferred until the grievant returns to duty or may proceed without the grievant if the parties mutually agree. 20.2.9 No party to a grievance shall take any reprisals against the other party to the grievance because he/she participated in an orderly manner in the grievance procedure. The Agency shall not impose or threaten to impose reprisals on unit members, discriminate or threaten to discriminate against unit members, or otherwise interfere with, restrain, or coerce unit members because of their exercise of rights guaranteed by Chapter 10.7 (commencing with Section 3540 of Division 4 of Title I of the Government Code). 20.2.10 If the grievance arises from an action of authority higher than the immediate supervisor the grievant, if dissatisfied with an informal meeting with the administrative authority involved, may submit such grievance in writing as required in Level I, to the CEO and processing of such grievance will commence with Level II.

20.2.11 The time limits specified at each level in this grievance procedure shall be considered as maximum.

20.2.12 If a grievance is not processed by the grievant in accordance with the time limits set forth in this article it shall be considered settled on the basis of the decision last made by the Agency. If the Agency fails to respond to the grievance in a timely manner, at any level, the running of its time limit shall be deemed a denial of the grievance and termination of the level involved and the

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