Page 37

20333FG

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?


20333FG
To see the actual publication please follow the link above