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Grievance ProceduresTypically proceed in steps of increasing formality with participation by higher and higher levels of officers on both sides Usually time limits to appeal from adverse ruling to next step Making the procedure work for the school system III. Arbitration of GrievancesHow is hearing conducted? The issue  what is the arbitrator being asked to decide Joint exhibits Opening statements Witnesses and exhibits  examination and cross examination Closing and/or briefs 'III. Arbitration of Grievances - Issues(((VContract Interpretation Discipline and Discharge Arbitrability Procedural Substantive&@@ III. Arbitration of GrievancesHow do arbitrators make decisions? What factors do they consider in deciding a case? Frequent over-reliance on past practice by parties Must be clearly enunciated Must be well-established Must be mutual Again only relevant if language is unclear<ZDZ+ZD+/IV. Grievance Procedure and Educational Quality00(Avoid arbitration if you can Don t stand on the language of the contract when it produces an outcome you know to be unjust or bad for the school system Win or lose, look at the grievance from start to finish and see what can be learned on your side  Next TimeThe arbitration simulation/    0` 33` Sf3f` 33g` f` www3PP` ZXdbmo` \ғ3y`Ӣ` 3f3ff` 3f3FKf` hk]wwwfܹ` ff>>\`Y{ff` R>&- {p_/̴>?" dd@,|?" dd@   " @ ` n?" dd@   @@``PR    @ ` ` p>> $(    6n  `}  T Click to edit Master title style! !  0q  `  RClick to edit Master text styles Second level Third level Fourth level Fifth level!     S  0|x ^ `  X*  0} ^   Z*  0 ^ `  Z*H  0޽h ? 3380___PPT10.~ ^ Default Design0 zr  (     0d? P    P*    0\D     R*  d  c $ ?    0pG  0  RClick to edit Master text styles Second level Third level Fourth level Fifth level!     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' = @BA?%,( < +O%,( < +DA' =%(D' =%(D' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<*P%(DA' =%(D' =%(D' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<*P2%(DA' =%(D' =%(D' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<*P2@%(DA' =%(D' =%(D' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<*P@K%(DA' =%(D' =%(D' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<*PKW%(+8+0+P0 +` 0 @P(  @r @ S   `}    @ S   `<$0   H @ 0޽h ? 33H@___PPT10 .~P+[W_D'  = @B Dw' = @BA?%,( < +O%,( < +DA' =%(D' =%(D' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<*@V%(DA' =%(D' =%(D' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<*@V%(DA' =%(D' =%(D' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<*@%(DA' =%(D' =%(D' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<*@%(DA' =%(D' =%(D' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<*@%(DA' =%(D' =%(D' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<*@%(+8+0+@0 +  0 4P(  4r 4 S t  `}    4 S   `<$0   H 4 0޽h ? 33me___PPT10E.~02IX+[W_D'  = @B D' = @BA?%,( < +O%,( < +DA' =%(D' =%(D' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<*4%(DA' =%(D' =%(D' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<*4%(DA' =%(D' =%(D' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<*4%(+8+0+40 +$ 0 ,$(  ,r , S x&  `}   r , S P'  `   H , 0޽h ? 3380___PPT10.~yx0 zr$ (  $X $ C     r $ S |]  0   H $ 0޽h ? 3380___PPT10.~*X00 0@(  0X 0 C      0 S /   0   BWhat is a grievance? Dispute about rules and/or rights under the collective bargaining agreement Who can file a grievance and how do they do it? An employee The union Not normally the school district? Why not? Grievance form Grievances versus gripes Grievance must be based on identifiable section of the collective bargaining agreement Some agreements allow gripes to be filed and processed but not arbitrated L1QL1QH 0 0޽h ? 3380___PPT10.~f 0   8v (  8X 8 C      8 S I   0   xTypically proceed in steps of increasing formality with participation by higher and higher levels of officers on both sides First step usually employee (with or without union steward or officer) and principal Last step is usually determination by the BOE sometimes by a hearing If not resolved there (the employee or union refuses to accept the BOE ruling), go to arbitration Some grievances begin at higher steps Payroll error (principal can t control) Termination of untenured teacher (principal can t control) Usually time limits to appeal from adverse ruling to next step Usually failure of union to appeal in timely manner forfeits grievance Usually the employer s failure to respond means the grievance is automatically moved to the next step Don t get too technical about time limits because winning by forfeiture leaves the issue unresolved and creates bad feelings Making the procedure work for the school system Don t get fixated on winning Focus on resolving the underlying problem|"c@+0G| " c @  +  0 G H 8 0޽h ? 3380___PPT10.~p0 < (  <X < C      < S i   0   "The issue  what is the arbitrator being asked to decide Don t try to win the case by how the issue is defined The arbitrator won t like it Try to agree beforehand on an issue, so the arbitrator will understand what the case is about and knows what to look for Opening statements What is your theory of the case? What will you prove and how will you prove it? Witnesses and exhibits Not held to strict rules of evidence e.g. hearsay  but don t rely on itt9QI9QI H < 0޽h ? 3380___PPT10.~@W. 0 zrD (  DX D C     r D S ~   0   hHow do arbitrators make decisions? What factors do they consider in deciding a case? Key role of the contract Everything else is secondary  past practice, etc., are only useful as a means to interpret language that is vague or ambiguous Must be clearly enunciated Both parties must clearly understand it to be happening Must be well-established Ascertainable over long period of time Matters if language has changed over that time V9VV9VH D 0޽h ? 3380___PPT10.~e80  HH(  HX H C      H S    0   JAvoid arbitration if you can You may surprise yourself and lose You may win but then you have a disgruntled employee Don t stand on the language of the contract when it produces an outcome you know to be unjust or bad for the school system You can always agree to change the language Especially when what the specific language says is really not what the parties meantLY{Y{H H 0޽h ? 3380___PPT10.~\Zd  0 @Tt(  TX T C      T S d   0   v*Contract Interpretation Example  who is entitled to transfer from one class to another or one building to another? Discipline and Discharge More likely with non-teaching staff in New York State Example  suspension of a custodian for insubordination Arbitrability (mentioned but not explained in Zirkel and MIller reading) Is the issue subject to arbitration? Procedural Claim issue not arbitrable because of because of failure to follow procedure For example, waiting longer than the contract allows to file the grievance Substantive Claim issue not arbitrable because that subject matter excluded from the grievance procedure For example, the termination of a tenured teacher is specifically covered by educational law unless the contract specifically replaces that with arbitration\oI&   \  o I &     P+K  H T 0޽h ? 3380___PPT10.>yrXP$&(]:<Jg3V;iFx')'ii# 1e( / 0LDArial00PP,ؖF0ؖ@ .  @n?" dd@  @@`` TCcesII. Grievance ProceduresIII. Arbitration of Grievances(III. Arbitration of Grievances - IssuesIII. Arbitration of Grievances0IV. Grievance Procedure and Educational Quality Next Time  Fonts UsedDesign Template Slide Titles u_DonnDonn&WMFC1lx EMF@l00PP,ؖF0ؖ@ .  @n?" dd@  @@`` TC      0AA@ʚ;*ʚ;g4PdPd9F0ppp@ <4dddd@0P, 0___PPT10 R___PPT94,?  %PGrievances and ArbitrationAdministrative<Next Week arbitration exercise Questions about exercise? ReviewHCollective Bargaining and Educational Quality More heat than light on this subject Clear unionized school systems spend more and also that teachers in those schools have higher pay and benefits In principle, mechanisms in collective bargaining can enhance or detract from educational quality Don t blame union for things administration has agreed upon Make the unions and the employees your partners in improving quality..ZwZ.wTodayoNature of grievances Grievance procedures Arbitration of grievances Grievance procedure and educational qualityp" pI. Nature of GrievancesWhat is a grievance? Who can file a grievance and how do they do it? Usually time limit for filing a grievance Grievances versus gripesII. Grievance ProceduresTypically proceed in steps of increasing formality with participation by higher and higher levels of officers on both sides Usually time limits to appeal from adverse ruling to next step Making the procedure work for the school system III. Arbitration of GrievancesHow is hearing conducted? The issue  what is the arbitrator being asked to decide Joint exhibits Opening statements Witnesses and exhibits  examination and cross examination Closing and/or briefs 'III. Arbitration of Grievances - Issues(((VContract Interpretation Discipline and Discharge Arbitrability Procedural Substantive&@@ III. Arbitration of GrievancesHow do arbitrators make decisions? What factors do they consider in deciding a case? Frequent over-reliance on past practice by parties Must be clearly enunciated Must be well-established Must be mutual Again only relevant if language is unclear<ZDZ+ZD+/IV. Grievance Procedure and Educational Quality00(Avoid arbitration if you can Don t stand on the language of the contract when it produces an outcome you know to be unjust or bad for the school system Win or lose, look at the grievance from start to finish and see what can be learned on your side  Next TimeThe arbitration simulation/  0 zr H (  HX H C     r H S    0   H H 0޽h ? 3380___PPT10.~\Zr# p1_5DonnDonn  !"#$%&'()*+,-./0123456789:;<=>?@ABCDEFGHIJKLMNOPQRSTUVWXYZ[\]^_`a~defghijklmn|Root EntrydO)eҷ Current User-,SummaryInformation(PowerPoint Document(?DocumentSummaryInformation8!cb      0AA@ʚ;*ʚ;g4PdPd9F0ppp@ <4dddd@0P, 0___PPT10 R___PPT94,?  %PGrievances and ArbitrationAdministrative<Next Week arbitration exercise Questions about exercise? ReviewHCollective Bargaining and Educational Quality More heat than light on this subject Clear unionized school systems spend more and also that teachers in those schools have higher pay and benefits In principle, mechanisms in collective bargaining can enhance or detract from educational quality Don t blame union for things administration has agreed upon Make the unions and the employees your partners in improving quality..ZwZ.wTodayoNature of grievances Grievance procedures Arbitration of grievances Grievance procedure and educational qualityp" pI. Nature of GrievancesWhat is a grievance? Who can file a grievance and how do they do it? Usually time limit for filing a grievance Grievances versus gripesII. Grievance ProceduresTypically proceed in steps of increasing formality with participation by higher and higher levels of officers on both sides Usually time limits to appeal from adverse ruling to next step Making the procedure work for the school system III. Arbitration of GrievancesHow is hearing conducted? The issue  what is the arbitrator being asked to decide Joint exhibits Opening statements Witnesses and exhibits  examination and cross examination Closing and/or briefs 'III. Arbitration of Grievances - Issues(((VContract Interpretation Discipline and Discharge Arbitrability Procedural Substantive&@@ III. Arbitration of GrievancesHow do arbitrators make decisions? What factors do they consider in deciding a case? Frequent over-reliance on past practice by parties Must be clearly enunciated Must be well-established Must be mutual Again only relevant if language is unclear<ZDZ+ZD+/IV. 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