It is not enough to cite contract provisions and present evidence; it is necessary to explain why the facts indicate a violation of the contract. Grievance Handling In most instances the first association official with direct involvement in the usual grievance will be the building AR. This person may or may not be the building’s grievance representative . The initial responsibility of the building-level representative is to investigate the facts regarding the alleged violation, make a review of the nature of the problem, seek out similar or past problems, and under certain circumstances make an attempt at resolution. The representative has to know what to look for, how to keep confidences, and to whom the grievance must be reported if it cannot be resolved easily or will have larger ramifications in the district. Even if the grievance can be resolved informally at the building level, the problem and its resolution should still be cleared by the association’s grievance committee or whatever body serves as the grievance handling agency for the association since it may establish a precedent. Additionally, attempts to resolve a dispute informally will not relieve the association of the necessity of meeting the time lines specified in the grievance procedure. Any departure from contractual timelines must be mutually agreed to in writing. The grievance committee is designated and recognized by the association to receive, evaluate and pursue grievances. The committee is usually notified of all complaints. Some complaints may not be classified as grievances and should be referred 36 – AR Handbook to other appropriate committees or individuals for action. Complaints which fit the definition of grievance should be analyzed, and a strategy for handling them should be determined. Most associations that are successful in grievance handling have established as a minimum rule that the representative consult the grievance committee chair prior to filing any written statement of grievance. The grievance committee may designate one of its members to handle grievances of a certain type or those which occur among certain members (elementary, specialists, custodians, etc.) or those which occur in certain buildings. The committee would decide who handles the grievance at various levels: record keeping, liaison with the negotiations committee or other association committees, publicizing grievance activities, and reporting to the leadership and membership. The number of persons involved and the degree of complexity of the system developed for grievance administration will depend upon the size, resources and degree of sophistication of the local association. Although the system for grievance administration should be clear-cut and routine, it should not be so inflexible that it could not be modified to effectively handle a unique case. A sample of a grievance record keeping form is included at the end of this section. The responsibility of the grievance committee for handling grievances is generally all-inclusive with one major exception. That exception is the decision to arbitrate a grievance. To Arbitrate? Who decides to submit an unresolved grievance to arbitration is a question which most sophisticated associations in N.J. have faced and resolved. However, some associations are either still wrestling with the question or have not yet faced it. In an effort to be democratic, some associations leave the decision to the individual grievant; others ask the entire membership to vote on every case. Neither of these options is desirable; the best approach seems to lie between these two alternatives. The associations which win and maintain the confidence of their members through effective grievance handling generally operate on the premise that through the ratification of the contract the membership has established the policy that grievances should be identified and pursued to a reasonable conclusion. The duty to carry out this policy is incumbent upon the elected leadership, usually the Executive Committee. Although the Executive Committee could grant the authority to make such a decision to the grievance committee, it usually does not do so because the responsibility of the decision rests with the Executive Committee. The decision to pursue the grievance to arbitration means that dues money will be spent, the association is taking a position on the issue as a matter of policy, the prestige of the organization is on the line, and the duty of fair representation must be maintained. Although the grievance committee after deliberation should make a recommendation with reasons on the question, the Executive Committee should make the decision. Should a decision not to arbitrate be made, the grievants affected should be notified and their rights to an internal appeal and access to arbitration be explained. Local associations should examine the decision to arbitrate very carefully. In the past years, the courts have narrowed the scope of bargaining and arbitrability very severely. The result is that boards of education
20333FG
To see the actual publication please follow the link above