The word grievance, as defined by the Merriam Webster dictionary, is “a feeling of having been treated unfairly; a reason for complaining or being unhappy with a situation.” Taking it one step further, a grievance as it pertains to our union and our members is a violation of our contractual rights.
As we start this school year, as with every other year, a number of our colleagues may be faced with one or more violations of the UFT-DOE contract in their work lives. Some will realize it and seek to remedy the situation. For a variety of reasons, others will not.
Those who don’t take action may be unaware a violation exists. This is where one of my favorite quotes comes into play: “knowledge is power.” Our rights can only be enforced if we know what we are entitled to; therefore, it is incumbent upon each of us — whether a teacher, a paraprofessional, a nurse, a therapist or any other title under the UFT umbrella — to become familiar with our respective contracts. The teachers’ contract and the 2014 Memorandum of Agreement are available on the UFT website.
In other instances, members may feel trepidation about filing a grievance because they fear retaliation by their supervisor or an administrator. These members should know it is illegal to retaliate against someone for filing a grievance. Furthermore, a member never participates in a grievance hearing alone — he or she is accompanied by the chapter leader, a fellow member or a UFT staffer. Our union is there to support its members at all times.
If you think you have a grievance based on a contractual violation, speak with your chapter leader, who can help you. The contract permits many special types of grievances, including for class size, salary and reorganization, as well as regular grievances that encompass all other contractual violations, such as the routinized collection of lesson plans. In addition, we have complaint processes to address supervisor harassment (referred to as “special complaints”), the Annual Professional Performance Review, safety and special education issues.
As part of our 2014 contract and subsequent bargaining, we also have negotiated a procedure to address excessive paperwork and issues related to the time allotted for Other Professional Work (OPW). These are based upon standards for paperwork reduction jointly created by the DOE and the UFT. When these standards are violated, a systematic process is in place to remedy the situation. Make sure your chapter leader is aware of these issues at your school so he or she can begin the process of resolving them.
The paperwork standards apply to educators and related service providers alike. No member should have to “perform redundant, duplicative, unnecessary or unreasonable amounts of recordkeeping.” Additionally, the creation of binders and other paperwork strictly for a school’s Quality Review is no longer permitted. Other aspects of these standards apply to special education teachers and service providers and SESIS work. Data system and attendance concerns also are covered.
When the agreed-upon standards are not followed, the affected member should inform the chapter leader, who in turn will speak with the principal. The chapter leader also will inform the UFT, including his or her UFT district representative, by completing an online reporting form (new this school year). If no resolution is reached at the school level, the issue moves to a district paperwork committee, composed of equal numbers of representatives from the UFT and the DOE. The district superintendent and UFT district representative are core members of this committee. If this committee cannot resolve the issue, it can get bumped up to the central paperwork committee, also with equal representation from the union and the DOE. The central committee has the authority to resolve it or, if an agreement cannot be reached, the issue proceeds to binding arbitration.
To protect ourselves and remind those recalcitrant administrators of our contractual rights, grievances and complaint procedures are sometimes necessary and can be effective tools.
A grievance, however, should not be confused with a gripe which, as defined by the same Merriam Webster dictionary, is “to complain about something.” Generally, when our emotions get the better of us, we start to gripe — I’ve been there and done that (as have most of us). If you do not like the color of the paint on the wall, you have a gripe; if you are a middle school teacher who has four classes in a row, you have a grievance.
The key to knowing the difference between the two is an understanding of our collective-bargaining agreements. It is only then that we can know what can be grieved and what cannot. It is only then that we truly know our rights. This is how knowledge becomes power.