GBMA-R - Procedure for Adjusting Grievances for Support Staff

File: GBMA-R

                                                                                                                                                                                                                                               

PROCEDURE FOR ADJUSTING GRIEVANCES

FOR SUPPORT STAFF

 

 

Introduction

 

            The purpose of the grievance procedure for classified employees is to provide an orderly procedure of resolving disputes concerning the application, interpretation, or violation of any of the provisions of School Board policies, rules, and regulations as they affect the work of classified employees and to provide a procedure for dismissal or formal probation.  An equitable resolution of grievances should be secured at the most immediate administrative level.  The procedure should not be construed as limiting the right of any classified employee to discuss any matter of concern with any member of the school administration.  Nor should the procedure be construed to restrict any classified employee’s right to seek, or the school division administrator’s right to provide or review complaints that are not included within the definition of a grievance.  Nothing in this procedure shall be interpreted to limit a School Board’s exclusive final authority over the management and operation of the school division which shall be preserved to the fullest extent permitted by law.

 

Part I-Definitions

 

            The following words and terms, when used in these regulations, shall have the following meaning, unless the context clearly indicates otherwise:

 

“Days” means calendar days unless a different meaning is clearly expressed in this Procedure.  Whenever any period of time fixed by this Procedure shall expire on a Saturday, Sunday, or legal holiday, the period of time for taking action under this procedure shall be extended to the next day that is not a Saturday, Sunday, or legal holiday.

 

“Dismissal” means the termination of employment of any classified employee during the term of such classified employee’s contract.

 

“Grievance” means for the purpose of Part I, a complaint, or a dispute by a classified employee relating to employment, including by not necessarily limited to the application or interpretation of personnel policies, rules and regulations, ordinances, and statutes; acts of reprisal as a result of utilization of this grievance procedure; and complaints of discrimination on the basis of race, color, creed, political affiliation, handicap, age, national origin, or sex.  The term “grievance” shall not include the following:

 

1.         A complaint or dispute by a classified employee relating to the establishment or revision of wages or salaries, position, classification, or general benefits.

 

2.         Suspension or non-renewal of the contract of a classified employee.

3.         The establishment or contents of ordinances, statutes, personnel policies, procedures, rules, and regulations.

 

4.         The failure to obtain a promotion.

 

5.         Failure to promote, or the discharge, layoff, or suspension from duties because of decrease or change in enrollment, insufficient funding, or budget constraints.

 

6.         The hiring, transfer, assignment, evaluation, and retention of classified employees within the school division.

 

7.         Suspension from duties in emergencies or under other exigent circumstances.

 

8.         The methods and means by which the school division’s operations are to be implemented.

 

While these management rights are reserved, exclusively to the School Board, failure to apply, when applicable, these rules, regulations, policies, or procedures as written or established by the School Board is grievable.

 

“Probation” means a period not to exceed two years during which time it shall be the duty of the classified employee to remedy satisfactorily those deficiencies which give rise to the probationary status.

 

“Classified employee,” means all school division employees who do not have a teaching certificate or who are employed by the school division in a non-certified capacity.

 

“Work Days” means days actually worked by the party required to take action and does not include days on approved leave.

 

 

Part II Definitions

 

Recognizing that grievances should be begun and settled promptly, a grievance must be initiated within five days following either the event giving rise to the grievance or within five days following the time when the employee knew or reasonably should have known of its occurrence.  Grievances shall be processed as follows:

 

            Step 1-Informal 

The first step shall be an informal conference between the classified employee and the immediate supervisor (which may be the principal).  The classified employee shall state the nature of the grievance, and the immediate supervisor shall attempt to adjust the grievance informally.  It is mandatory that the classified employee present the grievance informally prior to proceeding to Step 2.

 

            Step 2-Supervisor or Principal.

If for any reason the grievance is not solved informally in Step 1, to the satisfaction of the classified employee, the classified employee must perfect the grievance by filing the grievance in writing with the immediate supervisor within five days following the event giving rise to the grievance.

 

            Step 3

            Within five working days of receipt of the written grievance by the immediate supervisor or principal, a meeting shall be held between the supervisor and the classified employee.

 

            A.  The classified employee can present witnesses and be accompanied by a representative other than an attorney.

 

            B.  If a resolution is not otherwise reached at the meeting, the supervisor shall respond in writing within five working days following such meeting.

 

            Step 4

If the grievance is not resolved at Step 3, the classified employee can file a written notice of appeal with the Superintendent or designee.  This written appeal must be filed within five working days after receipt of the Step 3 written response and must be accompanied by a copy of the original grievance and the Step 3 written response.

 

            A.  A meeting shall be held between the employee and the Superintendent/designee at a mutually agreeable time within five working days.

 

            B.  The classified employee can present witnesses and be accompanied by a representative other than an attorney.

 

            C.  If a resolution is not otherwise reached at the meeting, the Superintendent/designee shall respond in writing within five working days following this meeting.

 

            Step 5

If the grievance is not resolved at Step 4, the classified employee can file a written notice of appeal with the School Board.  This appeal must be filed with the Superintendent within five working days of receipt of the Superintendent’s/designee’s written response and accompanied by a copy of the original grievance and previous administrative responses.

           

            A.  The School Board has 30 days in which to schedule and hold an informal hearing, which will be at the School Board’s convenience.

 

            B.  The School Board shall consider the appeal based on the record submitted by the employee and Superintendent.

 

            C.  The School Board shall give the grievant its written decision within 30 days after the School Board receives the records.  The decision of the School Board shall be reached after considering the record and such further evidence as the board my receive should it so elect.

 

            D.  The School Board shall retain sole discretionary authority regarding granting a hearing to the employee or considering the written record.

 

            E.  The action of the School Board will be final.

 

Part II-Grievance Procedure for Dismissal or Formal Probation

 

Step 1 – Review Process

 

            A.  If the classified employee’s immediate supervisor decides to recommend dismissal or formal probation, the immediate supervisor will contact the Executive Director of Human Resources.

 

            B.  The classified employee’s immediate supervisor and the Executive Director of Human Resources will meet with the classified employee and discuss the issues involved.

                        1.  A meeting will be held with the classified employee, the immediate supervisor, and the Executive Director of Human Resources to review the charges and formulate a recommendation of the employment status of the classified employee.

 

                        2.  After this meeting, the Executive Director of Human Resources will determine what recommendation will be made on the employee’s status and communicate that recommendation in writing to the Superintendent, with a copy to the employee.

 

            C.  If the Executive Director of Human Resources recommends formal probation or dismissal, the classified employee may appeal to the Superintendent in writing within five working days, stating in detail why the recommendation is in error.

                        1.  The Superintendent/designee will meet with the classified employee to review the case.

                       

                        2.  The employee may be accompanied by a non-attorney representative and may present information.

 

                        3.  The Superintendent will make a decision based on the available information and advise the employee in writing.

 

Step 2 – The School Board Meeting

 

            A.  If the Superintendent/designee decides to place on probation or dismiss the employee, the Superintendent/designee shall notify the employee in writing and submit to the School Board his/her rationale for this decision.  The classified employee may appeal this decision to the School Board.  The School Board’s hearing may be limited to the written record developed through the decision by the Superintendent/designee; however, the employee may request a hearing before the School Board within five working days of receipt of the Superintendent’s written response in Step 1.  The School Board shall retain sole discretionary authority regarding granting a hearing to the employee or considering the written record.

 

            B.  The decision of the board will be final.

 

            C.  A letter will be sent to the classified employee communicating the School Board’s decision.

 

Eligibility

 

Only full-time classified employees may avail themselves of the foregoing grievance procedure.  Substitutes, consultants, and individuals contracted for services are excluded from this procedure.

 

Time Limitations

 

Failure of the covered employee to comply with all substantial procedural requirements without just cause shall eliminate the employee’s right to any further proceedings on the grievance.  Failure of the School Board or any managerial personnel to comply with all substantial procedural requirements without just cause shall entitle the grievant to advance to the next step in the procedure, or, at the final step to a decision in his/her favor.

 

The determination of compliance with substantial procedural requirements and just cause shall be solely made by the School Board.

 

Grievability

 

Decisions regarding whether a particular matter is grievable will be made by the Superintendent of Schools.  In instances in which the Superintendent has made the recommendation giving rise to the grievance, the determination of grievability will be made by the School Board.

                                 

 

 

 

 © 1/03 VSBA

 

 

 

 

 

 

Grievance FORM A

                   Part II of Support Staff Procedure for Adjusting Grievances

I.  General Information

 

Name of Grievant:

 

Name of School:

 

Date Action Grieving Occurred:

 

Description of Action Grieving:

 

 

 

 

Basis for Claim and Relief Sought:

 

 

 

____  I request a meeting with the Principal.

 

Grievant Signature and Date:

 

II. Principal

 

Date Received:

 

Date of Meeting:

 

Decision:

 

 

 

Principal Signature and Date:

 

____  I accept the Principal’s decision and conclude my grievance.

____  I do not accept the Principal’s decision and advance my grievance to Step III.

 

Grievant’s Signature and Date:

Grievance Form A - Part II (1/98); pg. 1 of 2

 

 

III. Superintendent

 

Date Received:

 

Date of Meeting:

 

Decision:

 

 

 

 

 

 

 

 

Superintendent’s Signature and Date:

 

____  I accept the Superintendent’s decision and conclude my grievance.

 

____  I do not accept the Superintendent’s decision and advance my grievance

          to Step IV by submitting this Form to the Superintendent.

 

Grievant’s Signature and Date:

 

IV. School Board Hearing

 

Date Received:

 

Date of Hearing (if any):

 

School Board Decision:

 

 

 

 

 

 

 

Signature of School Board Chair and Date:

Grievance Form A - Part II (1/98); pg. 2 of 2

 

 

 

Form B

Notice of Dismissal or Probation

 

 

Name of Employee:      

 

Name of School:

 

Date:

 

Check one only:

 

____The superintendent has dismissed you from your position effective _________.

 

____The superintendent has placed you on probation effective ____________

until _________. 

 

 

 

          Reasons for this action shall be provided to you within three days of your written request.

          You have 15 days from the receipt of this form to initiate a grievance.  Enclosed is a copy of the Procedure for Adjusting Grievances for Support Staff and Grievance Form C.

 

Signature of Superintendent:

 

 

 Grievance Form B - Notice of Dismissal or Probation (1/98)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form C

Part III of the Procedure for Adjusting Grievances of Support Staff

 

I.  General Information

 

Name of Grievant:

 

Name of School:

 

Date Action Grieving Occurred:

 

Description of Action Grieving:

 

 

 

Basis for Claim and Relief Sought:

 

 

 

____  I request a meeting with the Superintendent.

 

____  I waive my right to a meeting with the Superintendent and request a hearing

          before the school board.

 

Grievant Signature and Date:

 

II. Superintendent Review

 

Date Received:

 

Date of Meeting:

 

Decision:

 

 

 

Superintendent Signature and Date:

 

____  I accept the Superintendent’s decision and conclude my grievance.

____  I appeal the Superintendent’s decision to the School Board.

Grievance Form C - Part III (1/98); pg. 1 of 2

 

 

III. School Board Review

 

Date Received by Superintendent:

 

Date of Hearing:

 

School Board Decision:

 

 

 

 

 

 

 

 

 

 

 

 

Signature of School Board Chair and Date:

 

                                                                         Grievance Form C - Part III (1/98); pg. 2 of 2