Contract & Documents

Home  •  Contract & Documents

FARSCCD Resources

Welcome to the FARSCCD Contract and Documents resource page. Please download the latest version of the documents you will be using on a regular basis or check in regularly for updates and additions.

Contract
MOUs & SLAs
Bylaws & Standing Rules
Instructional Calendars
Election Procedure

CTA Election Credo

The right and responsibility of electing leadership and representation are the very cornerstone of a democratic society. Elections processes must be conducted in such a manner that voters and candidates alike can be assured that reasonable rules of ethical conduct and procedures have been adopted, and are followed both in spirit and in practice.

Election guidelines are necessary for fair campaign and election practices. Although no set of guidelines can anticipate every situation or serve perfectly in every crisis, both voters and candidates have serious responsibilities to make the democratic process work.

Each voter has the responsibility to become informed about candidates’ experience, goals, and stands on issues, as well as exercise wisdom in voting for the best-qualified candidate.

The election procedures and processes are presented with the intent to meet the highest standards for fair campaign and election practices within the California Teachers Association/NEA.

FARSCCD is committed to fair elections practices and therefore follows the procedures outlined in the CTA Elections Manual.

 

Grievance Procedures

Know your Weingarten Rights – your right to Union Representation

Has your Supervisor asked to schedule a meeting with you? Have you been contacted by an Investigator from the District Office? If so –Contact FARSCCD Immediately!

In an investigatory interview or a meeting where an employee has a reasonable belief that discipline or other adverse consequences may result from what they say, the employee has the right to request union representation.

“If this discussion could in any way lead to disciplinary action, termination or affect my personal working conditions, I respectfully request that my union representative be present.”

When the employee makes the request for a union representative to be present, management has three options:

  • It can stop questioning until the representation arrives;
  • It can call off the interview; or,
  • It can tell the employee that it will call off the interview unless the employee voluntarily gives up their rights to union representation (an option the employee should always refuse).

If the supervisor denies the request for union representative and continues to ask questions, it commits an unfair labor practice and you have the right to respectfully refuse to answer. You cannot be disciplined for such a refusal

Contact your FARSCCD Grievance Committee Chair: Kelvin Leeds ([email protected])

Or [email protected] or [email protected]

Grievance Forms
              Grievance Procedures

              About Grievance

                  • A grievance is a way for a faculty member to challenge actions taken against them by management. Protection against grievances are enforced by the terms of our union's collective bargaining agreement (CBA) which we, the Faculty Association, of Rancho Santiago community college (FARSCCD) have negotiated with the district. If you believe your rights under the contract have been violated, you can file a grievance to seek a formal resolution to the dispute.
                  • The grievance procedure will not help you fight every unfair thing an administrator may do to a faculty member, but it will help you enforce the rights guaranteed you by our union's contract!
                  • Grievances are violations, misinterpretations, or misapplications of the contract and violations of the law including US Labor Law, California Education Code and Title 5. Common decency are not necessarily covered. If unsure whether your issue constitutes as a "grievance" under our union contract, ask for the assistance immediately.
              Step 1: Contact FARSCCD
              • Contact the union for assistance as soon as a negative action is taken against you. Reach out to any FARSCCD Board member, the Grievance Committee Chair or directly to FARSCCD at [email protected] or [email protected] for help in determining if you have a case. If you do have a case, your options for recourse will be discussed with you.
              • To prepare for your meeting with your FARSCCD Grievance Specialist, gather any important documents such as past and current semester Assignment Request Forms, past and current work offers, and any other documents you believe may be helpful to the case.
              • Note: Throughout the grievance process, you may, at any time, request the assistance of your union representative to help advise, and/or act for or fully represent you during the process.
              Step 2: Level One – File a Statement of Grievance with the Appropriate Administrator*
              • The Statement of Grievance can be written by you the faculty member or in partnership with a FARSCCD Grievance Specialist.
              • Level One Statement of Grievance form MUST be submitted along with evidence within twenty** (20) days of the occurrence of the alleged grievance or within twenty** (20) days of the date you knew or should have known of the alleged grievance.
              • *The appropriate administrator is the administrator who took the action which led to the alleged grievance.
              • **A “day” (for the purpose of grievances) is any day on which the central administrative office of the District is regularly open for business. A “day” begins at 12:00 AM and ends at 11:59 PM.
              • Also, submit a copy to your FARSCCD Grievance Committee Chair
              Step 3: Level One Administrator Response to Statement of Grievance
              • The appropriate administrator (or designee) is required to deliver their reply to your Statement of Grievance, in writing, stating their suggestions for relief, remedy, or action regarding your stated grievance, within fifteen (15) working days of receiving your Statement of Grievance form.
              • In the unfortunate event you are unsatisfied with the appropriate administrator's written response or the administrator does not respond, you have fifteen (15) days to proceed to Level Two: Filing an appeal to the college president.
              Step 4: Level Two – File an Appeal to the College President
              • If you have received the appropriate administrator's response regarding your stated grievance, and are not satisfied with the decision, you may appeal it by completing the Level TWO form and delivering it to the college president.
              • You have fifteen (15) working days after receiving the supervisor's written response to submit this Level Two form to the college president.
              • Include with your Level Two form:
                • Level One Statement of Grievance
                • Level One administrator's response
                • All documented evidence
                • Your reason(s) for believing that an appeal is warranted.
              • Also, submit a copy to your FARSCCD Grievance Committee Chair

               

                Step 5: Level Two Response from the College President
                • The College President (or designee) shall communicate the decision in writing to you within fifteen (15) days.
                • Either you or the college president (or designee) may request a personal conference within the above time limits.
                • Any such meeting shall be by mutual agreement.
                • If you are not satisfied with the written response you receive from the college president or if the college president does not respond, you may appeal it to the Chancellor (or designee) by completing and sending the Level Three form within fifteen (15) days of receipt of the college president's response.
                  Step 6: Level Three File an Appeal with the Chancellor
                  • If you are not satisfied with the written response you receive from the college president, you may appeal it to the Chancellor (or designee) by completing the Level Three form.
                  • All required forms must be submitted to the Chancellor within fifteen (15) days of receipt of the college president's response.
                  • Include with your Level Three form:
                  • Also, submit a copy to your FARSCCD Grievance Committee Chair
                    Step 7: Level Three Response from the ChancellorLevel Two – File an Appeal to the College President
                    • The Chancellor (or designee) shall deliver his or her decision to you in writing within twenty (20) days of receiving your appeal documentation.
                    • Either you or the college president (or designee) may request a personal conference within the above time limits.
                    • Any such meeting shall be by mutual agreement.
                    • After receiving the response from the Chancellor, you find you are not satisfied, you may proceed to Level Four.
                      Step 8: Level Four – FARSCCD Arbitration
                      • Within twenty (20) days after the decision of the Chancellor (or designee) or after no decision has been given by the Chancellor, you may request that the Faculty Association (FARSCCD) submit the grievance to binding arbitration by filing a request for arbitration with the Chancellor.
                      • If arbitration is requested by FARSCCD, the grievant and the District shall attempt to agree upon an impartial arbitrator. If no agreement can be reached, they shall request the California State Mediation and Conciliation Service (SMCS) to supply a list of seven names of persons experienced in hearing grievances in community college matters. Each party shall alternately strike a name until one name remains. The remaining panel member shall be impartial arbitrator. The order of striking shall be determined by toss of a coin.
                      • The reasonable and customary fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association. When requested by the association, the grievant and all necessary witnesses shall be provided release time at District expense for the time during which they are needed at the hearing. 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. The arbitrator shall establish as early a hearing date as is practical. A date for the hearing must be selected within ninety (90) days of the date of selection of the arbitrator, or either the Association or the District may request a new arbitrator.
                      • The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement between the District and the Association. If the arbitrator’s findings and conclusions establish that a monetary award is necessary to enforce the terms of the Agreement so as to fully remedy the wrong to the grievant, such an award shall be made.
                      • The decision of the impartial arbitrator shall be final and binding to the parties.
                      • Either party may request a certified court reporter to record the entire arbitration hearing. The cost of the services of such court reporter shall be paid by the party requesting the reporter or shared by the parties if they mutually agree. If the arbitrator requests a court reporter, the costs shall be shared by both parties.
                      • The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. Any relevant evidence may be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded. Decisions made by the Arbitrator shall not be invalidated by any informality in the proceedings, and the Arbitrator shall not be bound by technical rules of evidence.