Q.                What is a grievance?

A.                   Here’s how the UFT defines a grievance:  "A ‘grievance’ shall mean a   

complaint by an employee in the bargaining unit (1) that there has been as to him a violation, misinterpretation or inequitable application of any of the provisions of this agreement [contract] or (2) that he has been treated unfairly or inequitably by reason of any act or condition which is contrary to established policy or practice governing or affecting employees, except that the term ‘grievance’ shall not apply to any matter as to which (1) a method of review is prescribed by law, or by any rule or regulation of the State Commissioner of Education having the force and effect of law, or by any bylaw of the Board of Education or (2) the Board of Education is without authority to act."       

Q.                  What is the grievance process?

A.                   A grievance starts with the filing of a grievance form, which you can get from your chapter leader.  Please note, however, that before filing a grievance you

and your chapter leader should exhaust all possibilities of resolving the problem informally.

There are four steps to a formal grievance:

     Step 1:  Your grievance is sent to the head of your school, or where appropriate, to the program director of ORCS.  A hearing/decision must be received within 5 working days.

     Step 2:  If you get a timely decision, but disagree with it:  File your Step 2 grievance with the superintendent/executive director of ORCS.  You must receive a response within 10 days.

     Step 3:  If you disagree with that decision, you may request that the union take your grievance to Step 3.  The decision to file a Step 3 grievance belongs to the union.  The union may decide to file an appeal to the chancellor within 10 working days.

     Arbitration:  The union may choose to appeal the chancellor’s decision to an arbitrator, who is a neutral party who does not work for the Department of Education or the UFT.  The arbitrator’s decision is final, binding and may not be appealed.  The union must take the case to arbitration within 10 days of the chancellor’s decision.

     If the union declines to take your case to Step 3 or to arbitration, you may make an internal appeal to the union to have the case reconsidered.

Q.                  What if a supervisor places a letter in my file?

A.                   The employer keeps a file for all employees.  The files for District 75

therapists are in their schools.  The files for regional therapists are at central ORCS. 

Members have the right to view and copy anything that is in their file.  This file contains licensing and payroll information, as well as letters of either a positive or negative nature.

Supervisors are not allowed to place a letter in your file unless you sign it, as you are obligated to do. By signing it, you are not necessarily agreeing with the letter, just acknowledging that you have seen it and know it is in your file.  If you disagree with the letter, you have the right to file a grievance seeking its removal, and/or you can respond to it in writing and have the response attached to the letter.  Material will be removed from the file when the claim that it is inaccurate or unfair is sustained.

Q.                  What do I do if I am summoned to a meeting for disciplinary action?

A.                     If the principal or program director calls you to a conference that may lead to

disciplinary action for reasons of misconduct, you have the option of being accompanied by your school chapter leader or a designated alternate.

If you’re summoned to the office of a community or assistant superintendent, executive director, or to the Division of Human Resources, you must be given two days notice and a statement of the reason for the summons, except where an emergency is present or where considerations of confidentiality are involved.  You should have representation with you at this meeting, i.e., your chapter leader (either your functional chapter leader or your school’s chapter leader).  Never go to a meeting of this nature alone.