Grievance Procedure
Introduction
The grievance process outlined in our contract is designed to help teachers address specific issues related to violations or misinterpretations of the contract. If you believe an aspect of your employment as defined by the contract has been violated, you may have grounds to file a grievance. The goal of this FAQ is to help you understand what a grievance is, when and how to file one, and what to expect at each stage of the process.
Disclaimer:
This FAQ is intended as a helpful guide. It does not replace the official contract language or any relevant legal statutes. If there is any discrepancy between this FAQ and the contract, the contract language prevails. For detailed information, please refer to the full contract or contact your Association representative.
Frequently Asked Questions (FAQs)
1. What is a grievance?
A grievance is a formal complaint that a contract provision—such as those related to evaluations, layoffs, recalls, transfers, or vacancies—has been violated, misinterpreted, or improperly applied. If it’s not covered by the contract, it cannot be addressed through the grievance procedure.
2. How do I know if my issue is covered by the contract?
Review the relevant sections of the contract or speak with your Association representative. They can help determine whether the issue you’re facing is addressed in the contract. If it’s not explicitly stated, it’s likely not grievable.
3. I have a workplace concern, but I’m not sure if it’s a contract violation. What should I do first?
Start by speaking informally with your building administrator or contacting your Association representative. They can help clarify whether the concern is a contract-related issue and suggest possible next steps.
4. Who can help me with the grievance process?
Your Association representative is a key resource. They are trained in the grievance procedure and can guide you through the steps, help you prepare documentation, and, if necessary, attend meetings with you. You have the right to representation at all levels of the grievance process.
5. What are the different levels of the grievance process?
Level One: You present a written grievance to your building administrator within the specified timeframe. The administrator attempts to resolve it and provides a written response.
Level Two: If not resolved at Level One, you can submit the grievance to the Superintendent or their designee. They will review it, meet with you, and issue a written decision.
Level Three: If still unresolved, you can refer the grievance to the Board of Education’s Review Committee. This committee will meet with you (and your representative) and issue a decision.
Level Four: If the grievance remains unresolved, it can move to binding arbitration. An impartial arbitrator will make a final decision that both sides must follow.
6. How long do I have to file a grievance?
Timeframes are specified in the contract. For Level One, you generally have 15 calendar days from the event that caused the grievance to file. Each subsequent level also has set timelines. If you’re unsure about the timing, speak with your Association representative as soon as possible to avoid missing deadlines.
7. Do I have to follow the steps in order, or can I skip directly to a higher level?
The process is designed to start at the lowest possible level for a quick resolution. However, there may be exceptions. For example, if the central office administration is involved, the grievance may start at Level Two. Consult the contract or your Association representative for guidance.
8. What outcomes can I expect at each level?
Level One: Often, the goal is an informal resolution. Your administrator may provide a remedy or explanation.
Level Two: The Superintendent or designee may uphold, modify, or deny the grievance.
Level Three: The Board’s Review Committee will review and issue a decision. In some cases, you and the Board may agree to move directly to arbitration (Level Four).
Level Four: An arbitrator will issue a binding decision, which can resolve the dispute definitively.
9. What if multiple teachers are experiencing the same issue?
If the grievance affects multiple members, it can be treated as a group grievance. In that case, the Association may process it on behalf of the affected teachers, ensuring a consistent and unified approach.
10. What are the roles of the teacher, the Association representative, and the administration during the process?
Teacher (Aggrieved Person): Responsible for initiating the grievance and providing the details of the violation.
Association Representative: Assists in determining if the issue is grievable, helps file paperwork, attends meetings for support, and ensures the process follows the contract.
Administration/Board: Reviews the grievance, meets with the parties involved, and provides decisions at each level.
11. Can I file a grievance without the Association’s involvement?
Yes. Teachers can file and process a grievance independently through Level Three. However, the Association has the right to be present at any stage to ensure that resolutions are consistent with the contract.
12. Where do I get the grievance forms, and how do I file them?
Grievance forms are available from your building’s Association representative. They can explain how to complete and submit them, as well as any necessary documentation you should include. You can also download a copy of the grievance form here.
13. How long does the entire grievance process usually take?
Timelines vary depending on the complexity of the issue and whether it moves through multiple levels. Each level has its own deadlines for filing and responding. While it can take weeks or sometimes longer, the goal is to find a resolution as promptly as possible.
14. Will filing a grievance cause retaliation against me?
The contract explicitly forbids reprisals against anyone involved in the grievance process. All parties should participate without fear of negative consequences.
15. If I’m unhappy with the final decision, can I appeal further?
Once a grievance reaches and concludes at Level Four (arbitration), the arbitrator’s decision is final and binding on both parties. There is no further appeal process through the contract’s grievance procedure.
Remember:
Always consult the contract or your Association representative if you’re unsure.
Timeliness and proper documentation are crucial.
The grievance process is meant to ensure that the terms of the contract are upheld and that teachers’ rights are protected.