Trenton Education Association Grievance Procedure

1. Trenton Education Association Grievance Procedure Presented by: Cynthia Price Sue Karolkiewicz Naomi Johnson-Lafleur

2. Weingarten Rights Weingarten Rights guarantee an employee the right to have union representation at an investigatory interview. An investigatory interview is one in which a supervisor questions an employee to obtain information which could be used on a basis for discipline or asks an employee to defend his/her conduct.

3. An employees right to representation in an interview applies to situations where the employee reasonably believes the investigation at the interview will result in discipline. The employee must clearly request representation before or during the interview in order to claim this right. The employer/supervisor has no duty to inform the worker of this right. The employer/supervisor has no duty to bargain with the union representative who attends this interview. Weingarten Rights

4. Weingarten Rights If the Supervisor denies the request and continues to ask questions, this is an unfair labor practice and the employee has a RIGHT TO REFUSE TO ANSWER. The employee is REQUIRED to sit there until the supervisor terminates the interview. Leaving before may constitute Insubordination.

5. Weingarten Rights The Union representative is NOT a silent witness. He/she has the right to: Be informed of the subject matter Take the employee aside for conferencing Speak during the interview Ask for clarification Give employee advice on how to answer Provide additional information

6. Duty of Fair Representation Duty of fair representation is intended to protect employees from arbitrary conduct on the part of an organization. Great caution must be exercised in determining the merits of grievances. Determinations are made based on the facts and individual circumstances.

7. What is a grievance? A �grievance� is a claim by a teacher or group of teachers that he/she/they have suffered a personal loss or injury as a result of misinterpretation, misapplication, or violation of the collective bargaining agreement, board policies, or administrative decisions.

8. A Grievance in NOT� An inconvenience A frustration A method to �vent� An act of revenge

9. How to Approach a Supervisor

10. How to Approach a Supervisor

11. You have a Grievance� Now What? Notification A teacher with a grievance shall notify his/her principal (or immediate supervisor) of the misinterpretation, misapplication, or violation in writing. The teacher must forward a copy of the notification to the Association Grievance Committee.

12. Grievance Timelines Level One The principal must hold a hearing within 5 school days of receipt of the grievance. The Chief Representative of the school holds the Level 1 hearing with the principal. Within 3 school days of the hearing the principal shall respond in writing with a copy to the grievant and the AGC. In the event the grievant is dissatisfied with the disposition of the grievance, the grievant may within 5 work days, file the grievance at Level Two. If the written grievance is not filed within 30 school days after the teacher knew or should have known of the act or condition on which the grievance is based, then the grievance shall be waived.

13. Grievance Timelines Level Two Filed with the Superintendent of Schools within 5 school days after having received the written grievance. Hearing to be held within 10 school days after the grievance is filed with the superintendent. Written decision on the grievance within 10 school days after the conclusion of the hearing. If the superintendent�s designee is personally involved in the issue of the grievance, the grievant or the Association may request that a substitute designee be appointed to resolve the particular matter, and a substitute shall be designated.

14. Grievance Timelines Level Three Aggrieved person is not satisfied with Level Two disposition, or no decision was rendered by the superintendent within 5 school days after the conclusion of the hearing or 15 school days after the grievance has been filed with the superintendent. The Board shall appoint two or more of its members as hearing officers to hear grievances at this level. The Board shall render a written decision on the grievance within 20 calendar days after the recommendations of the hearing officers.

15. Scenario To Represent or Not Represent That is the Question Judy Jerk has been a member of the Happy Valley Education Association for 25 year. Throughout that time she has been very outspoken. She is disliked by nearly everyone, administration and staff alike. Susan Sweet is a new teacher hired six month months ago. Everyone likes Susan. She appears to be an excellent teacher and is well respected by administration, students and faculty. Both Judy and Susan seem to have a grievance on the same issue. Judy calls you on the phone and demands that a grievance be filed. On the surface it appears that the grievance is a valid one. The two middle school teachers have been co-advising the student council for 4 months, have submitted time sheets, but have not been paid. The council meets twice a month for 1-hour after regular school hours. Susan calls later that evening. She indicates to you that Judy called her and discussed the grievance with her. Susan begs you not to file the grievance. She heard through the grapevine that there�s a good chance she won�t be rehired if she rocks the boat with this grievance. She mentions that the grievance would only amount to a few hundred dollars and she doesn�t want to risk her career over such a small sum. You�re aware that the principal against whom the grievance would be filed is the type of person who would recommend that Susan not be rehired. What do you do?

16. Past Practice Custom and past practice may be introduced for any of the following major reasons. To provide the basis of rules governing matters not included in the written contract To indicate the proper interpretation of ambiguous contract language To support allegations that clear language of a written contract has been amended by mutual action or agreement.

17. Scenario The Board has for 10 years given teachers $50 to spend at the NJEA convention. The teachers were given $50 cash and were required to submit receipts for what they purchased and/or return the balance if not spent. The contract is silent on the issue. The contract contains a past practice clause. This year, the Board has told the teachers that instead of giving them the $50 to take with them, they would be reimbursed up to $50 upon their return from the convention upon presentation of receipts. Is this proper? Why or why not?

18. Just Cause No teacher shall be disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage without just cause.

19. Seven Tests for Just Cause Did the employer give the employee forewarning or foreknowledge of the possible or probable disciplinary consequences of the employee�s conduct? Did the employer�s rule or order reasonably relate to the orderly, efficient, and safe operation of the business? Did the employer, before administering discipline to an employee, try to discover whether the employee did in fact violate or disobey a rule or order of management? Was the employer�s investigation conducted fairly and objectively? During the investigation, did the �judge� obtain substantial evidence or proof that the employee was guilty as charged? Has the employer applied its rules, order, and penalties evenhandedly and without discrimination to all employees? Was the degree of discipline administered by the employer in a particular case reasonably related to (a) the seriousness of the employee�s proven offense, and (b) the record of the employee in his service with the employer?

20. Scenario �I am a WSR facilitator. My WSR model is no longer being used. My principal & I speak about my "duties" for the coming school year. The principal indicates that I will teach (5) periods per day for (4) days per week, and do (1) lunch room duty each day. This is not a discussion nor is it negotiable. Contractually I am to teach no more that 90 minutes per day.�This is ignored by the principal, and so this is my "new" work schedule. What do I do?

21. DYFS If you are accused of child abuse: Remain silent! Call TEA@ 609-396-0016 Call UniServ office @ 609-896-3422 Do not meet with DYFS without an attorney. Put nothing in writing. Never sign what someone else writes about the incident. Do not discuss the matter with anyone except an attorney. If someone else is accused and you are being questioned, contact our NJEA UniServ representative immediately.

22. Harassment The Board-designated Affirmative Action Officer shall identify and recommend correction of any existing inequities, and any that occur in the future. The Trenton Board of Education is an affirmative action employer and holds all its employees responsible for maintaining a working environment that is free from all discriminatory practices. Harassment or favoritism on any basis included in the Board�s statement of equal access to employment, retention and advancement is prohibited. Administrators and supervisors shall be familiarized with the actions that constitute harassment and favoritism. This material shall be included in the legally mandated affirmative action in-service training for all employees and shall be clear and specific (see policy 2224) When harassment has been determined to have taken place, appropriate disciplinary action will follow. All such determinations shall be reported to the Board.

23. Timelines for IR-90�s Reporting to Superintendent RI-90 Reporting Incidents (from Bulleting Vol. VI No. 1 July 1-14, 1989) __________________ _________________ SCHOOL OPERATIONS School Date of Report Admin. Reporting/Title Teachers: Complete and return to principal ______________ Teacher�s Name REPORT: TO SUPERINTENDENT at ________ on_______________ Time Month/Date/Year What Happened: Simply/Succinctly/Factually Who Was Involved: By each name write title e.g.: parent/student/teacher/policeman, etc. When: Day/Date/Time Where: Be specific e.g. Room 10/sidewalk adjacent to Room 10 Why Incident Occurred: Be specific not opinion Substantiating Documents: Witness Statements: Attach and list here by name and position Action/s Taken Copy � Due to School Operations within 48 hours of incident.

24. Faculty Meetings Each chief representative should request that he/she be given 5 minutes at the end of the faculty meeting.

25. Scenario It's March� time for standardized testing in the Trenton Public Schools. Although notices were sent in October firming up the dates, some schools seem to have a concern.� All of the teachers are involved in testing, either as an Examiner or as a Proctor.� Times have had to be extended and teachers are missing their Preps and/or their Administrative Preps.� ���� How does the Chief Rep proceed?