GRIPES, GRIEVANCES LAWSUITS

1. GRIPES, GRIEVANCES & LAWSUITS AEA PR&R CONFERENCE 2008RENAISSANCE HOTEL & SPA MONTGOMERY, AL

2. NANCY E. PERRY AEA GENERAL COUNSEL MONTGOMERY

3. POINTS TO PONDER LEGAL ISSUES VS. GRIEVANCE ISSUES VS. IRRITATIONS THAT COME WITH THE JOB

4. INTRODUCTION LEGAL ISSUES 1. TERMINATION 2. TRANSFER 3. SUSPENSION W/PAY 4. SUSPENSION W/OUT PAY GRIEVANCE ISSUES 1. STATEMENTS 2. ACTIONS 3. UNFAIR TREATMENT 4. QUESTIONABLE RELATIONS

5. What is a Grievance? Defined by board policy Generally a violation of existing board policy May also be violation of past administrative practice

6. General Definition: Grievance Complaint by an employee against another employee Alleging violation, misinterpretation or inequitable application of policy, rule, regulation or board order

7. Litigation Definition Arbitration State Court Federal Court EEOC Board of Adjustment DHR or other administrative body

8. GRIEVANCE PROTOCOL GRIEVANCE POLICIES 1. ISSUES 2. DEFINITIONS 3. EMPLOYEE RESPONSIBILITY 4. EMPLOYER REQUIREMENTS GRIEVANCE STEPS 1. TIMELY FILING 2. GRIEVANT & RESPONDENT 3. METHOD OF APPEAL 4. BOARD ACTION

9. Example of Grievance Board policy requires a.m. and p.m. extra duties will be assigned equally among all employees. Principal assigns extra duties to some employees & no duties to others. Grievance can be filed by aggrieved employees for violation of policy.

10. LITIGATION ISSUES Litigation involves court action Litigation requires violation of laws, state or federal Litigation may begin with administrative filing (e.g., EEOC)

11. Financial Awareness Board policy for money management Confiscation of student property Protection for the educator Request policy implementation

12. Practical Pointer What is the proper protocol for those personal items retrieved or confiscated from students? Tender to principal�s office? Chain of custody? Receipt if item is valuable? Who bears cost if lost?

13. Financial Policies Failure to follow board policy regarding the handling of money can result in termination or suspension. Request copies of policies that will educate you on how to handle money. Ask for clarification in writing. Ask for employee training.

14. SECURITY OF FUNDS Local policy determines method. Receipt book. Deadline to tender to office. Receipt of funds. Deposit of funds. Withdrawal of funds.

15. Public vs. non-public funds If you handle money, need to determine how your board defines public funds. Need to determine how your board defines non-public funds. Need to understand how to protect yourself if there is any question regarding your contact with any money.

16. Back Door Communication Co-employee conversations Non-adversarial confirmation of content Non-participation Ameliorative actions �Nip it in the bud�

17. BOARD POLICY ISSUES Policies vary among school systems Policies are part of employee�s contract Employee is required to know & follow all policies

18. Professional Communications Insist upon third party presence for all co-employee discussions Advise of your intent to verify communication if content involves your work performance Follow chain of command for communications

19. LITIGATION ISSUES UNDER ALABAMA LAW, ��16-24-1, et seq. and ��36-26-100, et seq., Code of Alabama, tenured teachers and non-probationary educators are entitled to due process protection if they are noticed by the Board for termination.

20. EDUCATOR TERMINATION Must be a tenured teacher or non-probationary educator Board decides first If board upholds recommendation, proceeds to arbitration Educator termination is considered a litigation issue.

21. TENURED TEACHER/ NON-PROBATIONARY EDUCATOR TRANSFER ISSUES Using the same procedure as with termination, a tenured teacher or non-probationary educator is entitled to due process prior to transfer.

22. SUSPENSIONS WITHOUT PAY Tenured teachers/ non-probationary educators suspensions without pay (more than 7 days) may be considered litigation issue Process similar to that used for transfer cases

23. ARBITRATION PROCESS Pursuant to the provisions of �16-24-1, et seq., Code of Ala. (1975) and 36-26-100, et seq., Code of Ala. (1975) a tenured teacher or non-probationary educator is entitled to hearing before an arbitrator if she is noticed for termination, transfer or suspension. After Board decision, these are considered to be litigation issues.

24. GRIEVANCE VS. LITIGATION Issue that does not involve a lawsuit or court process Governed by grievance (board) policy Determine definition of �grievance�

25. GRIEVANCE Definition varies from school system to school system Need to know your own local policy that defines �grievance� Must be familiar with the timelines for filing a grievance

26. GRIEVANCE Board policy defines Board policy provides timelines Board policy establishes chain of command for filing End result

27. GRIEVANCE VS. JOB DUTY Attending faculty meetings once a week may be a requirement of your job if you are a teacher. If you are a teacher and are required to pick up the trash in the auditorium after all the other teachers are allowed to leave, this may not be a job duty.

28. JOB DUTY VS. IRRITANT What is your job description? �Other duties as assigned�? How are others treated? Did you volunteer? Did you object?

29. GRIEVANCE May involve an issue where you feel you are not being treated fairly. For example, you have to spend your entire lunch period patrolling the halls while other (similar) employees have an opportunity to consume their meal before going on patrol.

30. Chain of Command Job requirements set out the chain of command for dispute resolution Who is your supervisor? Who has been deputized?

31. INSUBORDINATION As an employee you are required to follow the direct orders of your supervisor or her designee. If it is not illegal or immoral, you should respond to the directive to the best of your ability. If you disagree, consider grievance.

32. Grieve or Litigate? Will I lose pay or status? Am I in a protected class? Is board policy violated? Are my feelings hurt?

33. GRIEVANCE VS. LAWSUIT Does the activity involve the violation of a particular statute or constitutional provision? Does the activity involve the day to day operation of the school? Are there conflicting personalities involved?

34. Grievance vs. Litigation COURTS WILL NOT INTERFERE WITH THE DAY TO DAY OPERATIONS OF A SCHOOL.

35. Good Sense Rule You are required as an employee to get along with your co-employees, administrators and supervisors. Failure to do so will impact adversely upon your ability to keep your job.

36. Use your Common Sense Get along with other employees Offer to help other employees Ask for help, in advance, if needed Do not engage in petty behavior

37. COPING SKILLS Ask for help if the issue is getting out of hand. Do not hide and hope it will go away. An ounce of prevention�.. Do not confront. Remember to breathe.

38. RELATIONS WITH OTHERS Identify a mentor Ask for help Identify options Low key Professional What is the problem you are trying to solve?

39. Follow Directives Grounds for termination include insubordination. Must follow directive from superior. �She�s not the boss of me!� is not a defense to contract termination action. Let go of your ego (pride).

40. Litigation Considerations Lawsuit filed against employer Will take years to resolve Mandatory vs. optional legal issues.

41. Performance vs. Personalities I turned in my grades on time but my principal did not tell me thank you. I passed the art teacher in the hall and she looked at me and frowned. I sent out Christmas cards but did not get any from my co-employees. I used to sit next to her at lunch.

42. Learn to Navigate Study the prevailing winds. Determine where you are headed. Decide where you want to go. What is the problem you are trying to solve?

43. Grievance or Irritant? My principal does not invite me to participate in social gatherings but she does invite other employees. Isn�t this a violation of school policy because I should be treated the same as other employees?

44. Key Concepts Know board policy. Follow up with personnel before the situation gets out of hand. Be objective in your analysis. Ask for help/ feedback.

45. Work Schedules My supervisor changed my work schedule so that I have to clock in 30 minutes earlier every day. If I don�t like this schedule do I have to do it? What difference does it make if I get to leave 30 minutes earlier if I don�t want to do it?

46. PERSONNEL FILES Keep up with your personnel file Review and ask for copies Monitor and update if necessary Ask for help

47. PERSONNEL FILES Board policy determines the content of personnel files. Board policy determines the manner in which the employee may have access to the file. Board policy may also determine the manner in which information can be deleted or amended.

48. Personal Responsibilities Know board policy. Follow board policy. Know chain of command. Follow direct orders of supervisor/ designee. Personnel file. Distinguish important vs. petty.

49. EMPLOYEE RESPONSIBILITIES Know grievance policy Know board policies & keep updated Best to keep copy at home and school Know and monitor personnel file

50. Job directives As a custodian, I like to work with specific name-brand cleaning products. I have now been told that I have to use products from a particular company. Do I have to follow this directive?

51. Getting along with others Helping out other employees may be useful to you in the future. Learn to get along with others, up & down the chain.

52. Other duties as assigned I am the book keeper at the school but today I was told I had to answer the telephone because the receptionist had to leave early. This is not in my job description so I should not have to do it, right? What if I refuse?

53. Extended Duties My job description does not include book keeping duties but I have been doing them for some time. Should I get paid more for doing more than one job?

54. Laborers in the vineyard High school teachers get an entire block of planning time while elementary teachers only get 30 minutes duty free. Shouldn�t we get as much time as the high school teachers?

55. Salary Schedules Salary schedules are designed to reflect compensation for a particular category of employee. Determine your category and verify correctness of compensation.

56. BOARD POLICIES Employees should study, understand and request clarification or training for all board policies including: Discipline Control Suspension Expulsion

57. Ask for training If board policy requires you to perform tasks for which you need clarification, ask for help in interpretation and/or training.

58. FOLLOW BOARD POLICY Teacher�s failure to follow board�s Code of Conduct requiring initial use of �reasonable corrective measures� resulted in verdict against teacher. Hinson v. Holt, 776 So. 2d 804 (Ala. Civ. App. 1998).

59. Required Job Duties I am the principal and I had to go to the school over the weekend just because the security system was activated. I should get paid extra for this because I had other things to do this weekend. Do I have to keep doing this?

60. KNOW BOARD POLICY Ask for copies of board policies dealing with school safety, discipline and other issues. Review and study the policies and if needed, ask for clarification or training.

61. Time Management Know your job requirements and the time limitations/ deadlines imposed. Ask for help in advance if you need help. Don�t wait.

62. Job Duties & Policies Ask for copy of job duties. Ask for policies that apply to your job category. Ask for general policies that apply to all personnel.

63. Student Privacy Issues Investigate your responsibility regarding student privacy. Maintain confidentiality of student identity, health issues and personal matters.

64. Special Issues What is your responsibility as a member of an educational team to provide student safety or care?

65. Anticipate Difficult Issues Anger management Coping with disgruntled students Relations with other employees Parental issues Safety issues

66. Drafting Board Policy Board policies drafted by employers to protect employer. Work on policies that help to protect the employee.

67. Know where you are headed Ask for clarification Ask for pro-employee policies Ask for updates Ask for training Ask for input into all areas of employer decision making

68. Don�t gamble with your job You are required to know job duties You are required to know board policies You are required to follow all state and federal laws Termination for non-compliance

69. Review and Monitor Set up a schedule for periodic review of personnel manual and board policies. Update as you go along to insure accuracy. Safe location.

70. REPORTING INCIDENTS Determine your responsibility to report violent incidents, suspected abuse or neglect and illegal activity. Keep records in a safe place.

71. ON THE JOB INJURY DEFINED �Any accident or injury to the employee occurring during the performance of duties (or when directed or requested by the Board to be on Board property), which prevents the employee from working or returning to his or her job�. Baldwin Co. BOE Policy #832

72. ON THE JOB INJURY DEFINED Sylacauga BOE policy file GALBAA defines on the job injury as �accidental injuries incurred by employees during their work day, at school-sponsored activities at which responsibility has been assigned to them, or when they are conducting school system business at the request or direction of supervisory personnel.�

73. On the Job Injury Leave Process to obtain OTJ leave Report injury within 24 hours Doctor�s verification Apply for paid OTJ leave Up to 90 days

74. DISCIPLINE POLICIES Types of discipline Progressive Corporal Who can administer Documentation Verification

75. EMERGENCY PROCEDURES Local policy explains how to respond to various emergency events Weather emergency Bomb threats Chemical Spills Terrorist Threats Medical

76. JOB PROTECTION Familiarity with policies that require immediate response is essential. Familiarity with policies related to financial matters is also important.

77. LOCK DOWN POLICIES Lock down policies are in use in most systems. These are designed to protect students in the event of certain emergencies. What is the policy & your responsibility?

78. CONTRACUAL OBLIGATIONS Most employment contracts contain language that require adherence to all school system rules, administrative procedures, local board policy, state and federal rules and regulations.

79. BOARD POLICIES Employees should study, understand and request clarification or training for all board policies including: Discipline Control Suspension Expulsion

80. Proactive vs. Reactive Proactive: determine in advance those areas of concern and request implementation of additional policies. Reactive: required to follow all policies.

81. Proactive: Policy Adoption Identify a concern Determine content and suggested outcome in advance Obtain copies from other school systems if available

82. Identify Current Issues Some issues that make the news are ripe areas for consideration of policy development. Example: board policy for inclement weather conditions.

83. Identify problem or issue Resolution at Delegate Assembly Member concerns Member complaint Uni-serv Director observation Emerging issues

84. Participants in Drafting Meet various groups Form local group to assist in writing proposed policy Identify groups of employees affected Compare to other systems� policies

85. Build a coalition Work with other employees, including administrators, to verify the importance and necessity of the proposed policy.

86. Research the Issue Contact other school systems Obtain board policies from other systems Draft to address unique concerns

87. Address School Board Policy implementation requires submission to local school board Board hearing on proposed policy

88. Board hearing process Board policy should benefit employee and employer Designate who will present Firm but polite Professional presentation

89. Reactive: Board Proposal School system may propose a policy Policy usually drafted in favor of the employer Must �meet and confer� under Alabama Law

90. Meet & Confer Section 16-1-30, Code of Ala., requires submission of proposed policy to Uniserv Director & President of local Input from employee reps required

91. Lobby School Board Members Board members vote on proposed policy Educate board members Emphasize benefits to the local board Volunteer to attend workshops

92. School Board Meeting Encourage participation Line up speakers Tweak presentation Submit proposals in advance Emphasize benefits to community

93. Successful Outcome Work with board to enact new policy Work with board to amend existing policy Ask board for training or clarification of policy

94. PRACTICE POINTERS CONTACT UNI- SERV DIRECTOR MEMBER ASSAULT PROTECTION PROGRAM (MAPP) EDUCATORS EMPLOYMENT LIABILITY (EEL) POLICY