Grievances and Arbitration

Administrative Next Week arbitration exercise Questions about exercise?

Review Collective 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

Today I.Nature of grievances II.Grievance procedures III.Arbitration of grievances IV.Grievance procedure and educational quality

I. Nature of Grievances What is a grievance? Who can file a grievance and how do they do it? Usually time limit for filing a grievance Grievances versus gripes

II. Grievance Procedures Typically 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 Grievances How 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 Contract Interpretation Discipline and Discharge Arbitrability –Procedural –Substantive

III. Arbitration of Grievances How 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

IV. Grievance Procedure and Educational Quality 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 Time The arbitration simulation