AVOIDING & HANDLING GRIEVANCES - Dinsmore

AVOIDING & HANDLING GRIEVANCES

West Virginia Association of School Administrators January 31, 2013

Jason S. Long Denise M. Spatafore

? 2012 DINSMORE & SHOHL | LEGAL COUNSEL |

AVOIDING GRIEVANCES

Tip # 1: Educate and Communicate with employees

through trainings, in-service sessions, and meaningful discussion of employee concerns. School personnel law is complex and difficult ? many grievances are filed due to employees' misunderstanding of the law.

? 2012 DINSMORE & SHOHL | LEGAL COUNSEL |

AVOIDING GRIEVANCES

Tip # 2: Once a grievance is filed, have a

conversation with the employee. If a clear mistake was made, it can be corrected. If the employee is misinformed or does not understand why something was done, an open and honest discussion may change his/her mind about pursuing the grievance.

? 2012 DINSMORE & SHOHL | LEGAL COUNSEL |

HANDLING GRIEVANCES EFFICIENTLY

? Know the grievance procedure, including timelines for holding conferences/hearings and for issuing decisions. ? Use the Procedural Rules to your advantage ? Know when to opt for a conference or hearing at level one and when to obtain an agreement to go directly to Level Three

? 2012 DINSMORE & SHOHL | LEGAL COUNSEL |

Initial Considerations with New Grievances

Was this a mistake that can be corrected? If so, offer a settlement and get the grievance withdrawn. ONLY the grievant can withdraw, in writing, prompting a Dismissal Order from the GB.

Is this a "grievable event"? Section 6.11 of the Procedural Rules says "Failure to State a Claim -- A grievance may be dismissed, in the discretion of the administrative law judge, if no claim on which relief can be granted is stated or a remedy wholly unavailable to the grievant is requested." (Example:

Plati v. Hampshire, Docket No. 2010-0954-HamED)

? 2012 DINSMORE & SHOHL | LEGAL COUNSEL |

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