Controlling Your Career:
A Step-by-Step Guide to the Grievance Procedure

Know Your Rights

 

1. What is a grievance?

An individual may file a formal complaint against a public school employee who has misapplied or violated a school board policy, procedure, state statute or federal law within ten calendar days of the last occurrence.

 

2. Where do I get a copy of the grievance procedure?

A copy of the DeKalb County School System Board of Education policy manual is kept in the school media center and the principal’s office. The grievance procedures for Certified Personnel Code 3450 and for Classified Personnel Code 3460 are listed in the policy manual. Copies may also be obtained at the DeKalb County Board of Education office.

 

3. Is there anything that cannot be grieved?

Employment issues such as: Termination, Non-renewal, Demotion, Suspension and Reprimands can not be grieved but are covered by other Georgia laws. GAE legal representation is provided for its members who are experiencing any of these employment concerns.

 

4. Communication is the key!

All employees should be able to work in an environment in which they can achieve and perform at their highest potential. You owe it to yourself and your career to communicate your needs to your manager.

Set up a conference to articulate your present working situation. Identify your needs and present a viable solution. Request positive feedback. follow up the conference with a memorandum of your understanding. If no action is taken, you can proceed through the chain of command to address the issues or initiate the grievance procedure.

 

5. How do I file a grievance?

- Acquire the proper grievance form Code 3450 or Code 3450.

- List name, address and telephone numbers.

- Record the date of the occurrence of the most recent incident.

- List what statute, policy, rule, or written agreement, which has been violated, misapplied or misinterpreted.

- List the specific facts or events and explain how the misapplications or violations have affected your employment relationship.

- State the relief you are seeking.

- Sign, date and submit the form.

 

6. How does the process work?

Once the grievance is filed, a hearing date is assigned. Representation at a Level One hearing is prohibited by Georgia law, but is allowed at Levels Two and Three.

The building level administrator usually hears the Level One complaint. Witnesses can be called and questioned.

The hearing officer must report his/her findings in writing within ten days of the hearing. If the employee is not satisfied with the resolution, he/she may file an appeal to the next level. A third and final appeal may be made to the school board.

 

7. Can evaluations be grieved?

The content of an evaluation can not be grieved, but procedural violations can.

Sign the evaluation and check that you will be writing a response to the evaluation. Indicate that your signature only signifies that you have received the document and does not mean that you are in agreement with its content. Follow through by writing a response and filing an appeal if necessary.

 

8. Will the association help?

A team of volunteer members have been trained to help you determine if you should file a grievance or peruse alternative resolutions. Your GAE UniServ Director is available to assist.

 

9. What documents are important?

- Maintain current certification

- Review contract annually

- Keep current salary schedule and step increases

- Initiate pre and post evaluation conferences

- Keep all evaluation reports

- Clarify in writing questionable comments on memos and evaluations

- Locate, read and know school board policies and procedures

- Keep a log of absences

- Record assigned duties and responsibilities

- Document and communicate completion of assigned duties

- Maintain a personal file which includes: achievements, honors, awards, grants, letters of accommodations, etc.

- Communicate often with co-workers and the administration

- Keep a professional journal

- Journals should include:

  - Who was present

  - What was discussed

  - When did this happen

  - Where did this occur

  - How did this happen

  - Why did this happen

Remember: Written documents are powerful tools in factual disputes.

 

10.  What to do when facing employment difficulties?

DO
 - Notify your association representative and local association president

 - Call your UniServ Director

 - Maintain detailed, accurate, written records

 - Follow your line of authority


DO NOT
 - Resign

 - Issue threats

 - Let personalities become the issue

 - Involved your student and parents

 - Take your case to the media

 - Seek outside help