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UESF
Union Works
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Grievances – what they are, how they work
A grievance is a violation of the terms of the union contracts between UESF and SFUSD. It may also be a misinterpretation or misapplication of the contracts.
A grievance is more than likely a violation by the employer of an employee’s rights at work. If you think you have a complaint or problem, consult the contract. Often, even if your issue isn’t an obvious case of black and white, you can use the contract to defend your point of view.
If you think you have a grievance, report it to your building representative immediately. Our contracts (Articles 18, Para contract; 19 Teacher contract) stipulate timelines and procedures for filing grievances. We have only 15 days from when the grievance occurred to file. Field representatives at the union office are available to help you and your builidng rep with the grievance procedure. It is best if we can help you to resolve a grievance before utilizing the formal grievance procedure.
Three-step process
Our contracts spell out a three-step procedure for filing grievances: Step 1 – school level; Step 2 – district level; and Step 3 – arbitration.When a grievance cannot be resolved between the District and the Union (through step 2) it may be brought to Step 3, arbitration before an impartial third party – an arbitrator who will make a binding decision that the parties must follow.
However, not all unresolved grievances go to arbitration. The union may decide to not take a grievance to arbitration for various reasons. Perhaps it’s a weak grievance with poor chances of a positive decision for the union. Or perhaps the union fears that a win on this particular grievance might set a precedent that will negatively affect the bargaining unit at large. Or maybe the expenses of carrying the grievance through arbitration outweigh the benefits.
Bound by a duty of fair representation, UESF’s Grievance Committee thoroughly discusses and considers unresolved grievances before deciding to take them to arbitration or not.
Since the beginning of the school year, UESF has filed more than 20 grievances.Examples of grievances
Examples of some grievances we have filed are:
• A tenured teacher was consolidated from his summer school assignment though he had seniority over others at that summer school.
• A teacher who had been consolidated the previous year was transferred while he was on sabbatical.
• CDP teachers and paras have been required to work split shifts. UESF contends this negatively impacts upon the contractual work day.
• An administrator made inappropriate comments having to do with a member’s consulting the union. UESF saw the comments as intimidating a worker for going to the union – a violation of labor law.
• A resource specialist was working without a paraprofessional, in violation of the contract.
• A principal evaluated a tenured teacher two years in a row without citing just cause.
• SFUSD has failed to pay health benefits premiums for employees who were laid off, then recalled and others who were cut off from HSS because of glitches in the district’s data system.
Problems vs. grievances
Often problems arise that are not grievances. The union may be able to help, even if the problem is not a grievance.For example, a complaint against a colleague or another member of our bargaining unit is not a grievance. If conflicts arise among coworkers try to work them out yourselves. But if you cannot, perhaps your UBC can offer some advice and help you see the problem in a different light.
