NEA-New Mexico members and educational employees, are confronted daily with many things that affect the education of the students at your worksite.  If the working conditions are not what they should be, then the successful education of our students will also be affected.  Do you have a serious concern about the working conditions within your building or district?  Do you have a Grievance?  The following information will help you to understand the local grievance procedure and how it functions.

1.    Know the local grievance procedure forwards and backwards:

Where is the grievance procedure located in your building?  The office, library or elsewhere?  It is very important to know the local grievance procedure.  You need to know the timelines and procedures for filing an appeal at all levels of the grievance procedure.  If you miss a timeline, you forfeit your grievance.  Read the section of the procedure that lists the "definitions" and determine how the word "day" is defined.

2.    Make sure all NEA members know who the grievance representative is in their respective buildings:

Locate your Association grievance representative in your building.  Introduce yourself and get to know this person.  They can help you resolve many concerns.  The grievance representative can also be a mentor in assisting you with any needs you may have.  If you don't have one, call your local NEA President for assistance.

3.    Know the regulations that affect educational employees:

As an employee in the district, you are responsible to know the local and state school board policy and/or contract that affect your job as an educator.  Any violation of these by an employee could lead to reprimands, growth plans and possible termination or discharge.

4.    "Why Grieve?"

Grievances are filed by employees to protect the rights that have been established in local and state school board policies, state department and state board of education regulations, negotiated contracts and law.  Grievances also provide a systematic means of solving problems.  They also provide and assure equal and fair treatment for all employees.

5.    Why do we have grievance procedures?

The grievance procedure provides a business-like channel of communication between the employee and the employer.  The grievance procedure identifies, eliminates, or channels petty gripes and concentrates attention and effort on serious concerns.  It also allows employees to work in an atmosphere of individual freedom, initiative and responsibility.

6.    Know the role of the Association in handling grievances:

NEA-New Mexico is there to help you the member in defending your rights as employees.  The role of the Association is to listen to the complaint of the member, devise the best strategy for settlement, and set about securing it in the best way possible.  The truth of the complaint will come out in the grievance process.  Don't let problems go unresolved.  It creates an unhealthy work environment.

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7.    The local NEA is an advocate for the grievant and the Association:

The Association must represent all employees in a bargaining unit and only NEA members in a non-bargaining unit.  This will be done with absolute fairness and impartiality.  The Association will act in the best interest of the total bargaining unit or membership in the non-bargaining local.  The Association is obligated to assure all employees a fair hearing of grievances in meetings with the employer.

8.    Various sources of grievances.  There are many possible reasons for grievances.  Some are listed below:

• Fear of the administrator:  Lack of knowledge of job requirements, personality conflicts, favoritism, unclear orders without explanation, inadequate work instructions, and use of threats.

• Working Conditions:  Haphazard planning of work, unguarded work dangers, poor tools or equipment out of order, uncomfortable or unhealthy working conditions.

• Compensation:  Basic pay out of line, pay shortages and unequal pay for the same jobs.

• Change:  Changes in policies, rules, methods, equipment, processes, practices, wage plans, work assignments, etc.

• Pressure:  To produce more, for quality, cost reduction and for efficiency.  Pressure by the employer is a potential grievance.

• Ignorance:  Whenever employees are "in the dark" on a management decision or action which will have an impact on them, there is a source of trouble.

• Incompatibility:  Some employees just don't get along with each other.  This produces conflict, which in turn produces grievances.

9.    Be able to interpret the policy/contract language.

You may interpret language in the policy/contract, board regulations or law differently than your supervisor.  Ask your NEA Association Representative for clarification on questions or issues that may concern you.

10.    Understand the different types of grievances and the reasons for them.

• CAUSES FOR DISCIPLINARY ACTION:  Violation of the work rule, theft, deficiency, insubordination, conflict with other employees and unacceptable behavior, manner and/or appearance.

• PROGRESSIVE DISCIPLINE:  Oral warnings, written reprimand, suspension, termination and/or discharge.

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11.    Know the WHO, WHAT, WHEN, WHERE, AND HOW!

These are a must.  Who did What?  When and Where was it done?  Why was it done?  How does it affect the Association?  The NEA-New Mexico grievance representative will be asking the NEA member these questions in the investigative process to get clarification about what happened.  To process the grievance successfully, this information is a must, so the employee must document everything.  Keep records of correspondence from supervisors, students, parents, etc.  Check your personnel file at least once each year.  You should have a copy or have seen anything in your personnel file.  You are entitled to a copy if you don't have one.

12.    Who are the potential witnesses?

If something unusual happens during the workday, document it, and list anyone who may have witnessed the event.  This could be important later, if questioned by your supervisor.

13.    Determine the nature of the grievance:

The Association will evaluate the grievance to determine if an issue has been raised under the school board policy or terms and conditions of the negotiated agreement.  Remember, not all claims are violations of the agreement or policy.  Recognize the difference between facts and conclusions.

14.    Find the official grievance form:

School districts should have an official grievance form for filing grievances.  This should be with the local grievance procedure, which is located in the school board policy manual or negotiated contract in your school building.  The form will ask the name of the grievant, building, position, date, statement of the grievance and resolution desired.  Depending on the school district, some forms may include other information also.  The form should also have a place for the response from the supervisor to the employee.  If you need help writing the actual grievance, contact your NEA-NM grievance representative.

15.    7 Tests of Just Cause:

Many labor agreements contain a "just cause" statement.  Just Cause is also listed as a reason for termination or discharge from your position as an educational employee.  Some define it to mean "that the employer should give the employee a fair shake."  A "no" answer to any one or more of the "7 Tests of Just Cause" normally signifies that just and proper cause did not exist.  This means that such "no" means that the employer's disciplinary decision contained one or more elements, of arbitrary, capricious, unreasonable, or discriminatory action to such an extent that said decision constitutes an abuse of managerial discretion warranting the supervisor to substitute his/her judgment for that of the employer.  Ask your NEA grievance representative or local President for these "7 Tests of Just Cause."

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16.    Presenting the Grievance:

The Association will complete the grievance investigation, then file and present the grievance on behalf of the NEA member.  Timelines must be adhered to on all appeals.  The grievance representative will help the member have all the facts in order, for the presentation of the grievance.  Remember, this is not the employee or Association against the administration.  It is a belief that the member's rights have been violated through a misinterpretation or misapplication of the negotiated agreement, local/state board policy, state regulations or law.  Remember that any step of the grievance procedure can be the last.

17.    Find your "Theme" then create your "Hook":

The "theme" is a short statement that describes what is important in your case.  It helps to keep you focused in the presentation to the supervisor.  The "hook" is an image or catch phrase that dramatizes the theme.  Brainstorm all facts in your case.  Then pick 3 or 4 of the best and worst facts.  Use the facts to tell a story and make an emotional connection to the case.  After this is done, reduce the story to 10 words, which will be the "telegram/theme."  Start your opening statement with your "hook" then work in the "theme."

18.    Opening Statement:

Use an outline, it works much better than writing it all out.  This way you won't be reading your statement, but speaking from the heart.  A possible outline could look like this:  1. Hook,  2. Theme,  3. Facts in chronological order,  4. Weak points to be addressed,  5. The Association's position, and  6. Relief you want.  Under each topic in the outline, use short key points, or a checklist.  Most important is to PRACTICE, PRACTICE AND PRACTICE!

19.    Develop a "Theory":

The purpose of a theory is to analyze your data and plan how to put it together in a logical form.  You need to know what it is you need to prove in order to win your case.  What is your best and worst evidence?  What is the best way to present your evidence in the case with the least exposure?  What role does the negotiated agreement or policy play in the outcome?  What is the district's best and worst evidence and how can you disprove their case?  Your Association representative can assist you with a good theory.

20.    Test your "Theory":

The NEA-NM member and grievance representative will want to test the "theory" to measure the strengths of the case.  The Association and the member must determine what is needed to prove the case, determine the best offer of proof and then repeat the same method for the employer's case.

21.     MOST IMPORTANT:

NEA-New Mexico wants to represent you the NEA member, to the best of its' ability.  The member must freely give all information requested during the investigation concerning the case.  The grievance representative must have all the facts to do the best job of representing the member.  The member must notify the grievance representative of any previous situations that may affect the outcome of the grievance such as previous reprimands, verbal warnings etc.  By working together, the member and the Association can succeed.

If you have any question, call your Association Representative, your Local NEA President or UniServ.

They will be happy to assist you in your needs.

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