At the Guam Education Board meeting last week, Lisa Mosher, Union Steward from George Washington High School, expressed her frustrations with the issues happening at her school regarding class sizes, the condition of the school’s Library, etc. Mosher repeatedly stressed the importance of resuming negotiations for the Teachers’ and Support staff contract and that they need to be respected. Mosher stated that she is tired of being told “if you don’t like it, then find another job…find the exit door.” The response from GEB chairman, Dr. Jose Cruz, was that he has not seen any of these issues grieved through the proper channels. It is important for members to start filing grievances for any issues they encounter at work that is a violation of DOE personnel rules and regulations, Guam Code Annotated or the spirit of the contract. If there is a CBA to enforce, the process of resolving grievances would not be delayed as what is happening right now.
What is a Grievance?
A grievance is a complaint by an employee, a group of employees or the union (1) that there has been a violation or misinterpretation of a specific term of the agreement or (2) that an established policy or practice has been applied unfairly or inequitably.
Steps to Grieve.
Step 1 – Informal Grievance (Vice-Principal)
Employee: Communicate with your supervisor within 15 days of the incident or concern. Call your Steward NOW!
Supervisor: Management must address your concern within 10 Calendar days.
Step 2 – Formal Grievance – Next Administrative Level (Principal)
Employee: If management’s Step 1 response is still in violation, employee may submit Step 2. Employee has 5 calendar days from the date of the response to appeal. Call GFT. Or if management fails to respond within 10 calendar days from the date Step 1 was submitted, employee has 5 calendar days after the answer was due to appeal to Step 2. Call GFT.
Manager: Management must make a positive attempt to resolve the grievance and submit answer to employee within 5 calendar days from the receipt of response to Step 2
Step 3 – Formal Grievance – Superintendent
Employee: If management’s Step 2 response is still in violation, employee may submit Step 3. Employee has 5 calendar days from the date of the response to appeal. Call GFT. If management fails to respond within 10 calendar days, employee has 5 calendar days after the answer was due to appeal to the next level. Call GFT.
Superintendent: DOE Grievance Committee- Superintendent has 3 Calendar days to form a committee + 15 Calendar days for Committee to investigate + 2 Calendar days for committee to render decision to Superintendent + 5 Calendar days for superintendent to submit official written decision to employee (Total of 25 Calendar days from the date Step 3 was received by management)
Step 4 – Formal Grievance – Appeal to Civil Service Commission
Employee: If management’s Step 3 response is still in violation, employee may submit Step 4. Employee must submit a write up on a form prescribed by the Civil Service Commission. Call GFT. If management fails to respond within 25 calendar days, employee has 5 calendar days after the answer was due. Call GFT.
CSC: A review and hearing will be presented to the Civil Service Commission. The CSC Process is defined in 4 GCA PUBLIC OFFICERS & EMPLOYEES CH 4 PERSONNEL POLICY AND THE CIVIL SERVICE COMMISSION 1 CHAPTER 4 PERSONNEL POLICY AND THE CIVIL SERVICE COMMISSION.