January 2025 Grievance Report

Grievance Report January 2025
Grievance #6035-24 – Article 15 – Discipline, School Site Aide, Inappropriate conduct with a student – Outcome – Denied. Filed for Arbitration.
Grievance #9801 – 24 – Article 13 Overtime & Article 14 Probation, Overtime worked by Probationary Employees. Outcome – Denied. Filed for Arbitration. Arbitration has not yet been set. 
Grievance #4037-24 – Article 15 – Discipline.  Member was disciplined without cause and a full investigation did not take place by the supervisor.  Favoritism. Step III - State Mediation meeting was scheduled for November 6, 2024. This meeting did not happen new date January 8, 2025.There was lengthy discussion about this Grievance. The District offered a settlement agreement. We will be discussing the outcome in our next meeting scheduled for February 5, 2025. 
Grievance #4039 – 24 – Article 13 – Overtime Employees not being able to use their Comp time according to CBA within a year of earning and recording time. Moved to Step III, State Mediation date January 6, 2025 Supervisor refused to meet with USW after a request was made this is another violation of the CBA Article 16- Grievance Procedure. The supervisor automatically “cashed” out the overtime instead of offering the Comp time for the full 12 months. 
Grievance #9802-24 – Article 34 – Salaries and Fringe Benefits, 2% bonus on Base Salary for the 2024/2025 Fiscal year. Moved to Step III, Moved to a future State Mediation meeting.
Grievance #9803-24 – Article 34 – Salaries & Fringe Benefits, Members who have worked for the District after 7 years as a Classified Employee should, according to the Salary Schedule be moved to Step VI. Moved to Step III, Moved to a future Mediation meeting.
Grievance #5026-24 – Article 14 – Probation & Article 15 – Discipline, Member was wrongfully demoted from a promotional probationary period. Not based of Job Performance. Most likely will be filed at Step I currently waiting for reply at Step II. 
Grievance #9702-24 – Article 10 – Job Vacancies & Article 16 – Grievance Procedure for the District Security Lead Position. USW met with Supervisor Kris Stevens on November 20, 2024, in this meeting, Supervisor agreed to resolve the Grievance at the Pre-Grievance Level. The resolution was for the most Senior Employee to receive the position. USW was awaiting conformation from HR because HR told another member that they were awarded the position. In the meeting on December 10, 2024 the original awarded member, Supervisor, USW and Rita were in the meeting. The member was told that because of the Supervisors decision in the Pre-Grievance Meeting, that they would not be granted the position, the position would be granted to the Grievant. In a meeting on December 13, 2024, Interim Associate Superintendent of HR, Director of HR, USW, Supervisor and both members affected by the Grievance determination met again. In this meeting, HR back pedaled on the agreement that was settled in the Pre-Grievance Meeting and told the original member that they would indeed be awarded the position. After discussion with Marly and the USW Attorney, they said to file an additional Grievance for the violation of Article 16 – Grievance Procedure and Article 10 – Job Vacancies for not adhering to the agreement made in the Pre-Grievance Meeting.  HR responded and acknowledged they were in the wrong, Dawn will read the response. 
PERB Charges Outstanding. 
LA – CE – 6874 – E, Filed 3/29/2024, School Site Aide Forbidden from talking to coworkers within work hours or outside of work hours. We will have the formal hearing December 16, 18 & 19 if necessary. Dawn, Richard, the Member and Marly had the formal hearing with the Administrative Law Judge. We completed questioning and cross questioning of the Districts’ witness Rita Bayne and our Witness on Monday December 16, 2024. We have ordered the Official Transcript of the Hearing. After we receive the document, we will be going through the testimonies and writing or Closing Statement, that is due by February 14, 2025.
LA – CE – 6900 – E, Filed 5/20/2024, Interpretation of Education Code 45128 regarding 7 hour contracted employees and overtime. 
LA – CE - 6931 – E,  Filed 8/29/2024, SETTLED 1/23/2025, The 8 members that were omitted from joining the Summer Saver Program the District will pay them their contribution without them adding anything to the program plus the anticipated earned interest of $.64 cents pay out will be on July 1, 2025.  Interpretation of Summer Assistance Program Education Code 45500. Definition of a month. Scheduled is an Informal Hearing with PERB on January 23, 2025. The District will not be offering the program for the 2024-2025 school year. 
LA – CE – 6930 – E, Filed 8/29/2024, WITHDRAWN 1/27/2025Received letter from PERB suggesting the best way to resolve this was through the Grievance process. Not a PERB charge. School Site Aide, Unilateral Change to discipline by removing the employee from the site instead of progressive discipline. In concurrence a PERB charge has been filed. Withdrew from PERB will continue to pursue this through Arbitration.