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GRIEVANCE OR GRIPE?
In plain English: if administrators don't follow the contract, a grievance can make them start following it again and maybe force them to make up for any damages or injury they caused in breaking the contract.
That being said, a grievance can only be filed when there is a contract violation by an administrator or district representative. But, there's no article in the contract that says an administrator can't be rude (or just bad at their job!). We need to look at the contract and decide if they are really violating it. Occasionally, they aren't breaking the contract. Sometimes they are breaking the law (Ed. Code or labor regulations) and that's a horse of a different color.
Before we get into some examples, it's important to remember that the easiest way for an employee to be disciplined is due to insubordination. Simply, if you are directed to do something by your supervisor, you have to do it, as long as it is reasonably something a teacher could be expected to do, and unless it is illegal or will result in harm of another person. So, even if it a contract violation, you should do it anyway and then get in touch with your site rep, a director, or call the FTA office. Do this as soon as you can (the contract requires you to file a grievance within 20 days of the injury/violation).
Before we get into some examples, it's important to remember that the easiest way for an employee to be disciplined is due to insubordination. Simply, if you are directed to do something by your supervisor, you have to do it, as long as it is reasonably something a teacher could be expected to do, and unless it is illegal or will result in harm of another person. So, even if it a contract violation, you should do it anyway and then get in touch with your site rep, a director, or call the FTA office. Do this as soon as you can (the contract requires you to file a grievance within 20 days of the injury/violation).
So, repeat after me: work first and grieve later. Work first, grieve later.
This is important because you might think it's violating the contract, but it could be you're mistaken. And if you don't do the work and you're wrong? Now, you're talking to a rep for a different reason and you're getting disciplined. Let's avoid that situation.
What is a grievance, then? Here are some things that might or might not be a grievance.
1. Your department chair sends an email that says everyone has to get training after school next week to use a new computer program. It will only take 15 minutes. There has already been one staff meeting that month so far and another on the calendar. Grievance? Or gripe? Gripe. Department Chairs, ILTs, TOAs, Instructional Leaders, and whatever else you call them are not your supervisors. They are in the same bargaining unit. They are not the boss of you. You can go if you want, and if you do, that's on you. But, since the "direction" came from another "BUM" (bargaining unit member, natch) then you can't file a grievance.
2. The principal asks you to meet with a parent tomorrow but they are only available to meet during your lunch time. You ask to reschedule by email but don't get a reply. Grievance? Or gripe? Grievance. You should attend the meeting. Don't be insubordinate. But, you could ask for a sub to cover your class so you can have lunch. If you get a sub, it's probably not a grievance anymore. You are entitled to a 30 minute duty free lunch, and if they gave you one, then there's nothing to grieve. Call your rep in any case to be sure.
3. Things get a little heated during a department meeting. Teachers passionately debate over the implementation of some new instructional practices that the district has mandated. One teachers used profanity during the meeting and offended several people, even referring to one as a "dumb-bunny!" (Hey, that could hurt someone's feelings!) Grievance? Or Gripe?There's no such thing as a member to member grievance, so, even though that's not very appropriate behavior, it isn't grievance. But... You should talk to an administrator. While they can't discuss personnel decisions, if the member continues to be abusive and offensive, then we might be able to bring some pressure against the administrator to do something about it. This might take the form of a grievance, or a complaint to a government agency that regulates our work conditions. Call a rep.
4. You get a call from the principal to come to her office. Once there, she begins asking questions about an incident with a student. It sounds disciplinary. You ask to stop the meeting and get a union rep but she won't let you. You try to leave but she stands in the doorway and keeps demanding your answer or she will write you up. Grievance? Or gripe? Neither. That's a PERB violation, at least! Your Weingarten rights are federally protected. That principal made a serious mistake.
5. You get called into a meeting with the principal. He writes you up for "raising your voice" with the students and says it's a letter of reprimand because it is so serious to treat students like that. He heard you as he was walking by the room. He didn't ask your side of the story and didn't observe your class for more than 30 seconds. Grievance? Or gripe? Grievance. At very least, this is jumping steps. It doesn't seem like he did a very good job of investigating and it's not like being loud is automatically some kind of abuse of kids. Perhaps an apprisal would be appropriate, but that's probably it.The bottom line is that you only have a grievance if the administrator breaks our contract. If the break the law, that's a different process. If the problem is another member, then you have to go through the administration. If you are unsure, call a rep right away. Grievances must follow the timeline. And if you think you have a grievance, remember to work first and grieve later. Don't open yourself up to discipline.
