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Grievances and Arbitration

Grievances and Arbitration. Administrative. Next Week arbitration exercise Questions about exercise?. Review. Collective Bargaining and Educational Quality More heat than light on this subject

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Grievances and Arbitration

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  1. Grievances and Arbitration

  2. Administrative • Next Week arbitration exercise • Questions about exercise?

  3. Review • Collective Bargaining and Educational Quality • More heat than light on this subject • Clear unionized school systems spend more and also that teachers in those schools have higher pay and benefits • In principle, mechanisms in collective bargaining can enhance or detract from educational quality • Don’t blame union for things administration has agreed upon • Make the unions and the employees your partners in improving quality

  4. Today • Nature of grievances • Grievance procedures • Arbitration of grievances • Grievance procedure and educational quality

  5. I. Nature of Grievances • What is a grievance? • Who can file a grievance and how do they do it? • Usually time limit for filing a grievance • Grievances versus gripes

  6. II. Grievance Procedures • Typically proceed in steps of increasing formality with participation by higher and higher levels of officers on both sides • Usually time limits to appeal from adverse ruling to next step • Making the procedure work for the school system

  7. III. Arbitration of Grievances How is hearing conducted? • The issue – what is the arbitrator being asked to decide • Joint exhibits • Opening statements • Witnesses and exhibits – examination and cross examination • Closing and/or briefs

  8. III. Arbitration of Grievances - Issues • Contract Interpretation • Discipline and Discharge • Arbitrability • Procedural • Substantive

  9. III. Arbitration of Grievances • How do arbitrators make decisions? What factors do they consider in deciding a case? • Frequent over-reliance on past practice by parties • Must be clearly enunciated • Must be well-established • Must be mutual • Again only relevant if language is unclear

  10. IV. Grievance Procedure and Educational Quality • Avoid arbitration if you can • Don’t stand on the language of the contract when it produces an outcome you know to be unjust or bad for the school system • Win or lose, look at the grievance from start to finish and see what can be learned on your side

  11. Next Time • The arbitration simulation

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