Getting to Know the Grievance Process
A grievance is defined as a dispute between a member covered by the collective bargaining agreement over the interpretation or application of said agreement. In other words, when an employee believes that the contract has not been followed.
Grievances require a violation of a specific article, section, or paragraph of the contract. They can not be simple disputes unrelated to the contract. If a member intends to file a grievance, they should first ask themselves what part of the contract was violated. If a member believes a violation has occurred, they should take the following steps:
- Contact their building level grievance rep to discuss the situation
- The grievance rep is then obligated to bring the issue to their administrator in an attempt to solve the dispute before any formal grievance is filed
- If it can not be solved, the grievance rep will write a formal grievance and submitted it to the proper building level administrator
- Steps 1-3 must take place within 10 school days of when the grievance occurred
Level 1
The building level administrator will look into the grievance and typically set-up a fact finding meeting with the aggrieved party. The administrator then has 10 school days to render a decision.
Level 2
If the building level administrator denies the grievance, it may be moved to level two. At this point, the grievance is submitted to the superintendent of schools for review. The superintendent will then set-up a fact finding meeting with the aggrieved party. The superintendent then has 10 school days to render a decision.
Level 3
If the superintendent denies the grievance, it may be moved to level three. At this point, the grievance is submitted to the school committee for review. The school committee will then set-up a fact finding meeting with the aggrieved party. The school committee then has 10 school days to render a decision.
Level 4
If the school committee denies the grievance, it may be moved to level 4. This requires filing a demand for arbitration with the American Arbitration Association (AAA). This is an expensive process in which the MEA must pay 50% of the arbitration fees. Due to the high cost, the grievant must appear before the MEA executive board for a fact finding meeting. The executive board then must vote to move the case to arbitration. If the executive board decides not to fund arbitration, their decision is binding. If arbitration is funded, then the arbitrator will decide the case and their decision will be binding.
When a Grievance is Approved
If, at any level, the grievance is approved, the parties would then meet to discuss the most appropriate remedy. Once a remedy is agreed upon, the grievance is considered formally resolved.