Although we seek to provide an environment in which all clients feel that they are fairly treated, there may be times when you have a dispute with a supervisor or the Company which can best be resolved through a formal procedure for dispute resolution. All disputes between any employee and the Company are to be resolved by in accordance with the following procedure. Please note, however, that the Company reserves the right to modify this procedure at any time and nothing in this procedure should be construed to constitute a contract between you and the Company or to constitute any part of a contract between you and the Company.
A grievance is a complaint by a client concerning any matter related to the services with the Company. All grievances must be in writing. Using the form provided by the Company, you must state clearly and concisely all the known facts related to your grievance, including “who, what, where, when and the why.” Clearly explain why you disagree with act or omission that forms the basis for the grievance. Also explain what remedy you are requesting. You must sign and date the grievance.
You must first address your grievance with the Program Manager. This may be done orally in informal discussion. If your informal attempts to resolve the matter are not successful, you may implement the formal grievance process.
You must first submit your grievance in writing to the Program Manager. Grievances must be submitted within calendar days following the date you first knew or should have known of the grievance. If you do not submit the grievance within the day period, you waive your right to assert it.
The Program Manager will respond in writing within ten (10) days following receipt of your grievance. All grievances and replies in Step 1 must be in writing. If the grievance is not settled in Step 1, then you may proceed to Step 2.
Within ten (10) days following your receipt of the written answer to your Step 1 grievance from the Program Manager, you may appeal the disposition of your grievance by the Executive Director. The Executive Director will then undertake an investigation of your grievance and the underlying facts. Within 15 business days following receipt of your grievance the Executive Director will meet with you in person or via phone to discuss your grievance, and follow up with a written response to your grievance.
If you are not satisfied with the response of the Executive Director at Step 2, you may submit your grievance to the President of the Board, Meals on Wheels of Solano County for review within five (5) days following receipt of the written response from your Executive Director. The President of the Board will review the grievance and provide a written response within 15 business days following receipt of the Step 3 grievance.
You may appeal a Step 3 grievance to Step 4 and request final and binding arbitration of your grievance. The request for arbitration must be in writing and must be made within 30 days following receipt of the response of the Executive Director at Step 3.
Upon receipt of your request, the Company will, within ten (10) working days of its receipt of your request, ask the Federal Mediation and Conciliation Service or the American Arbitration Association to provide a list of prospective arbitrators. The parties will choose an arbitrator from the list provided. If the parties cannot agree upon the choice of an arbitrator, then you and the Company will ask the American Arbitration Association to appoint an arbitrator to hear your case.
All fees or expenses of arbitration, including, without limitation, the arbitrator’s fees and expenses and rental of a venue for the arbitration, if necessary, shall be borne equally by the parties. Each party will pay its own attorneys’ fees or costs other than the arbitrator’s fees and expenses.
The grievant bears the burden of proof as to the validity of the grievance.
The decision of the arbitrator shall be in writing and the decision is final and binding. Arbitration is the exclusive forum for resolution of discipline and discharge cases, and both the Company and you waive your right to bring any action in court or the enjoy trial by jury. Either party may, however, seek to enforce an arbitrator’s award in a court of competent jurisdiction.