AR Handbook – 37
have been successful in running
into court to restrain arbitrations,
thereby preventing justice. The decision
whether to arbitrate should be
discussed with your UniServ representative
. In any event, all decisions
concerning arbitration should be
made in the same way so that the
association is protected in its duty of
fair representation.
Use your contract to solve
the following problems
1. Access to Personnel Files
A member complains to you that she
is being harassed and intimidated by
her supervisor and she thinks that
he will soon move to recommend
her dismissal. She has heard that
there are unfavorable reports and
notes in her personnel files. The
evaluations which she has received
have been generally favorable or at
worst, average. She has asked once
informally to examine her personnel
files because of her fears. Her supervisor,
however, made light of her
concern and showed her the ”good”
evaluations only. When she asked
to be able to examine her file at
that time, he refused saying that he
would have to check with the school
board’s attorney before allowing her
to look.
A. Would this employee have a
grievance under the terms of
your contract?
2. Personal Leave
A custodian files a grievance, complaining
that he has been docked
one day’s pay. The preceding Friday
he had taken a personal day. He had
called in at 6:30 a.m. to inform them
he was taking a personal day. His
workday begins at 7:45 a.m. He gave
no reason for his absence, but simply
informed the secretary he was not
going to report for work on that day.
He had not previously used personal
leave during the term of this
contract. He takes the position the
contract permits this and he should
be paid for the day on which he was
absent.
A. Would this employee have a
grievance under the terms of
your contract?
B. What information should
the grievance representation
have before attempting to do
anything about this problem?
3. Personal Leave
A teacher wants to file a grievance.
She took a personal day on Primary
Election Day. As reason for taking
the day she wrote – “To help my
mother, who is a candidate, by working
at the polls.” The Superintendent
told her she will be docked a day’s
pay.
A. Would this member have a
grievance under the terms of
your contract?
B. What provisions of your
contract would have been
violated?
C. Could she have taken the day off
without using a personal day?
4. Reprimand
Two women physical education
teachers/members who often
combine their classes are told at
lunchtime by the vice principal that
since they can only use half of the
gym that day he wants them to keep
their classes separated. During the
last period of the day the boys’ P.E.
class goes outdoors for its activities,
making the full gym available. At the
urging of the students, the teachers
combine their classes for the last period.
The Vice Principal walks into
the gym and sees that the classes are
combined. Upon arrival at school
the next morning, both teachers find
in their mailboxes a copy of a memorandum
from the Vice Principal to
the Principal in which he states that
the teachers ignored a directive he
gave them and he recommends that
they be given a reprimand.
A. Would these members have a
grievance under the terms of
your contract?
B. What information would you
want to have before deciding to
file a grievance?
C. If you decided a grievance exists,
what remedy would you seek?
5. Use of Mailboxes
Your local PAC representative in
your school places PAC literature in
the employees’ mailboxes. The brochure
endorses a candidate for State
Senate and reviews her background
and educational experiences. The
Principal orders the PAC representative
to remove this material and
not to use the mailboxes for such
purpose again. Moreover, he reduces
this to writing, sends it to the employee
and indicates that a copy will
be placed in his personnel file. The
member comes to you for advice.
A. Would this member have a
grievance under the terms of
your contract?
B. How would you proceed in this
case?
6. A Member’s Complaint
About a Colleague
A member complains to you about
the secretary who removes the signin
sheet too early in the morning,
thus making her appear late. She
comes to you and angrily demands
that the association do something
about this situation.
A. Would this member have a
grievance under the terms of
your contract?
B. How would you proceed in this
case?