Grievances

The Grievance Procedure                                                               

If an EAA member wants to file a grievance or has questions about whether something can or cannot be grieved, he/she should contact EAA’s UniServ Director, Lisa C. Staib, to discuss the possible grievance.

Some things are not grievable, but your UniServ Director can suggest alternative methods to find resolution and work with you to implement those methods.

Below are some Q & A (Questions and Answers) about a grievance and the grievance procedure.

•     What is a grievance?

 It is a process that has legal standing which is followed to resolve disputes and disagreements between an employee (or employees) and the employer.  In the private sector, a grievance is covered under the National Labor Relations Act and in the public sector (schools) under state laws.

In Virginia, a grievance is a complaint or a dispute that a school policy, a regulation, a rule, an ordinance, or a state statue has been misapplied, violated or misinterpreted by management.  Specifically, the state statue is Virginia Code, §22.1-306 through 314 and the administrative procedures from the Virginia Department of Education, 8VAC20-90-10 through 80.

•     Why is there a grievance procedure?

The grievance procedure is a way of policing and enforcing rules, policies, etc. that govern how you work.

Management has the inherent power to hire, fire, assign, transfer, promote, evaluate and establish other conditions of employment.  Employees have the right to complain, file a grievance and seek settlement.

Grievance processing is a way to ensure that policies, etc. are applied as they should be in the day-to-day operation of a business, in this case the school system.

•     What may be grieved?

The application or interpretation of school board personnel policies, procedures, rules and regulations along with ordinances or statues may be grieved.  In reality, any work rule that affects an employee’s work activity.  Additionally, acts of reprisals for filing a grievance and complaints of discrimination or disparate treatment may be grieved.  

•      What may not be grieved?

Generally, the establishment and revision of wages, position classifications, non-renewal of annual contracts, and benefits are not grievable.  Also, included are dismissals, probations, lay-offs, or suspensions.  However, under certain circumstances the process that was used may be grieved.  Disciplinary acts are covered under Part III of the grievance procedure.

•      Who may file a grievance?

All non-supervisory, full-time school employees may file grievances.

•      Who determines whether or not a complaint is grievable?

If there is a question, the initial decision rests with the school board; however, an appeal to the local circuit court may be made by the employee.

•      When may a grievance be filed?

A grievance may be filed whenever a policy, procedure, rule, ordinance or statute has been applied or interpreted incorrectly.  A person may also grieve acts of discrimination and acts of reprisal.  There are, however, time limitations involved with filing grievances.  A formal grievance must be filed within 15 working days from the time that the grievant had knowledge or should have known of the event or action causing the grievance.

•      What steps must be followed in processing a grievance?

The procedure has five (5) basic steps.  They are: 

[Note:  The "employee representative" is EAA UniServ Director Lisa C. Staib]

Step 1 – Informal Step:  An informal conference between the grievant and the principal/supervisor must take place.  In the meeting, the grievant states the nature of the grievance and the principal/supervisor shall attempt to adjust/resolve the grievance.  This is a mandatory step and it must be done!!!

If there is no resolution at step 1, then the grievance is put in writing by the employee representative, stating the policies and work rules violated, the statement of the grievance, and the resolution requested.   The written grievance is filed within 15 days of the occurrence of the event giving rise to the grievance or within 15 working days following the time when the employee knew or reasonably should have known.  The written grievance is accompanied by a letter instructing the principal/supervisor that he/she has five (5) days in which to contact the representative to set up the formal meeting.

Step 2 – Formal Step:  The employee and his/her representative meet with the principal/supervisor to discuss the grievance and resolution requested.  Following the meeting, the principal/supervisor must respond in writing within five (5) work days.

 If there is no resolution at step 2, the grievant may appeal the grievance to the superintendent or designee.  A hearing must be scheduled within five (5) work days after receipt of the letter of appeal.

Step 3 – Superintendent:   In Alexandria City Public Schools, this is usually with a designee.  This is more formalized than step 2 and both sides can bring witnesses and both sides can cross-examine.  Following the hearing of the grievance at this level, the superintendent or designee must respond in writing within five (5) work days.

If there is no resolution at step 3, the grievant can elect to go to Step 4 (Fact-Finding Panel) or to Step 5 to ask that the school board render a decision.  The school board can also ask for a fact-finding panel in the event the grievant seeks to go to Step 5.

Step 4 – Fact-Finding Panel:  the employee and representative appeal the grievance to a three-member panel.  One member is selected by EAA, one member is selected by management, and the third member is selected by the first two and is the chair of the panel.

If no agreement can be reached on a third impartial member, then EAA and management go to the chief judge of the circuit court having jurisdiction of the school division and the chief judge furnishes a list of 5 impartial and qualified persons with knowledge and expertise in public education and education law. When the two members meet the association panel member strikes one name, then the administration strikes a name, then the association strikes another name and administration strikes another name.  The name that is left becomes the third panel member.

The hearing is held within 30 calendar days of the acceptance by the third member, who chairs the panel hearing.  A written decision is rendered by the panel, which goes to the school board.

Step 5 – The School Board:  the board renders a decision after considering the fact-finding panel’s report.   It may uphold the panel or not.  The board does not have to hold a hearing and can render its decision on the written evidence as presented in Step 3 (no panel hearing) or based on the decision of the panel.  The board may initiate a further hearing on the grievance.

•      Are there expenses involved in filing a grievance?

No, there are no expenses if an employee is a member of EAA.  If not, the employee will pay one-half the expenses of the panel hearing and the cost of producing a transcript - this employee cannot be assisted by EAA.



For more information on filing a grievance, please contact the EAA at (703) 370-1121.