Grievance Procedures at a Glance

Grievance Procedures

A grievance is an alleged violation of the collective bargaining agreement. Grievances are filed against management, not against other bargaining unit members.

RIGHT TO REPRESENTATION

Under State labor law, every unit member has the right to be actively and effectively represented “in all their professional and employment relationships with public school districts by a designated union representative” as to:

  • Discipline or allegations of wrongdoing.
    • Employee complaints about contract, district policy, safety and health.
      • Responses to derogatory material.
      • Most other professional or employment disputes.

BEFORE YOU DO ANYTHING ELSE, GET THE FACTS

The site faculty and/or grievance representative’s right and duty is to represent both the Association & the unit member in meetings with supervisors when requested by the employee.

INTERVIEW THE EMPLOYEE

Before the meeting with the supervisor:

  • Schedule a time and place that permits confidentiality and a thorough review.
    • Get all the facts necessary to speak for the employee.
      • Let member tell own story.
      • Listen attentively.
      • Clarify any ambiguous points.
      • Be objective.
      • Distinguish between facts, opinions, allegations and assumptions.
      • Take notes.
      • Get names, dates, times, and places.

DOCUMENT EVERYTHING!

  • Have member write down his/her interpretation of what happened and when it happened.
    • Collect all information & documents and always note the date you received them.

EVALUATE THE ISSUE

WHO:
– are the persons involved?
– are the witnesses?
– is the administrator in charge?
– can resolve the grievance?

WHAT:
– is the specific contract article and section, regulation,or policy that’s been violated?

WHERE:
– did the violation occur?
– can relevant documents be found and reviewed?

WHEN:
– did the violation occur?
– is the deadline for: filing a grievance; the employer’s response; moving the grievance to the next level? (Check and adhere to grievance time lines.)

WHY:
– did the violation occur?
– is the incident a grievance?

HOW:
– has the unit member been affected?
– is the Association affected?
– have such matters been resolved in the past?
– Can this be resolved?

WRITE IT

  • Use the proper form.
  • Cite specific contract article and section, or policy or regulation that has been violated.
  • Concisely state what transpired.
  • State the remedy required.
  • Date all documents.

SITE REPRESENTATIVES – REMIND UNIT MEMBERS TO:

  • Keep all documents received from administration and date them!
  • Contact the Association representative at the first sign of a problem!
  • Consult the Association before signing anything.
  • DON’T write on any documents before you show them to the Association.

AVOID INSUBORDINATION

If a unit member is directed to perform an action that violates the contract, the individual should follow the order, then contact the Association regarding a grievance.

The Association must always act in the best interest of the bargaining unit.

  • Never make decisions which are arbitrary, discriminatory, or in bad faith.”
  • Never make decisions solely in your own personal best interests.

This means the Association has a DUTY to…

  • Represent all unit members.
  • Negotiate on behalf of all unit members.
  • Be familiar with the contract.
  • Advise unit members of their legal rights in context of the contract.
  • Investigate grievances.
  • Process grievances in a non-arbitrary, non-discriminatory, and good faith manner.
  • Satisfy all contractual timelines.
  • Notify a grievant of Association decisions.
  • Present a good arbitration case.

Williams Complaint

If a health/safety and/or facilities issue is involved simultaneously file a William’s Complaint Form (available at pusd.org and school administration offices). Request a response. Keep a copy and be sure to have the copy time/day stamped by PUSD.