July 2025 Grievance Report

Grievance Report July 2025
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 #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. We were supposed to discuss this on 2/28, maybe we will discuss on 4/16/25. GOING TO STEP IV, SCHOOL BOARD MAY 7, 2025. Presented at School Board Meeting 5/7. Decision from BOA at June Board Meeting 6/18/2025. Marly sent District intent to go to Arbitration. 
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. Waiting for Step III State Mediation. Pending Settlement Agreements. Settled on July 10, 2025. Member on a 23 workday probation. 
Grievance 1063-25 – Article 10 Job Vacancies, Filling of vacant position for Kitchen Operator. Pre-Grievance Meeting 4/4/2025 filed Grievance Step I. Moving to Step II. Waiting for State Mediation.
Grievance 1064-25 Article 15 Suspension and Discharge Cases and Article 40 District Video Cameras and Time Clocks. Member being accused of driving too fast on golf cart. Pre-Grievance Meeting on 4/11/2025.Filed, at Step I. Waiting for State Mediation.
Grievance 1065-25 – Article 12 Hours of Work and Article 15 Suspension/Discharge Cases. Member being accused of taking unscheduled break and dishonesty. Pre-Grievance Meeting 4/14/2025 Filed at Step 1. Waiting for State Mediation.
Grievance 1066-25 SAT Team Article 12 Hours of Work, Sub Section Working Out of Classification. SAT Team Members are being asked to take trainings that are not in their job descriptions and then use those trainings to do the work that is not in their job descriptions. Forklifts and Aerial lifts. Waiting for State Mediation. 
Grievance 9603-25 – Article 8 Non Unit and Hourly Employees.  School Site Aides & Instructional Support Aides. May 28, 2025 USW was made aware the ELEVO was going to be used for arrival and dismissal time at busses. Brought to the attention of Executive Directors of Elementary Instruction. USW said this displaced SSAs from the duties. Article 8 Non-Unit Hourly Employees. Executive Directors said Elevo has “extra hours” to use up. They agreed to stop this. On June 9, USW was made aware that Elevo was still at arrival and dismissal of busses. Pre-Grievance Meeting. Summer BLAST Program was over on June 19. On June 11, they shifted the SSAs three-hour consistent three-hour schedule to one hour in the morning and then come back for two hours. We felt this was retaliation. Additionally, Instructional Support Aides were being displaced by Elevo. We filed an Information Request to find out which SSAs and which ISAs were asked to work. We confirmed that only two SSAs from each site were asked to fill the positions. In conclusion. If three or four SSAs were asked to confirm their availability to work for the three-week program we are certain they would have had the confirmed participation. This Grievance is waiting for resolution at Step II with the District.
Grievance 5027-25 General Maintenance Workers Article 8 Non-Unit and Hourly Employees and Article 12 Hours Worked Sub Section Maintenance Trainee Work Program. M & O is hiring Substitute General Maintenance Workers and using them as regular daily workers displacing the need to hire Classified General Maintenance Workers or utilizing the short term abilities to further the experience of other Maintenance employees that could gain experience in the Trades by participating in the Maintenance Trainee Work Program. Progressed this Grievance to Step II.
Grievance 9807-25 – Food Service Article 10 – Job Vacancies. Filling the 7 hour and perhaps 6 hour position with a non-senior Kitchen Assistant. Waiting on Information Request interview documents.
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. Waiting final ruling, submitted Closing Statement by deadline. WAITING FOR FINAL DETERMINATION FROM PERB. DEADLINE HAS PASSED FOR FUSD TO SEND ANY STATEMENT OF EXCEPTIONS. WE ARE CERTAIN THE FINAL ORDER WILL BE THE FINAL RULING. THIS IS A BIG WIN FOR THE USW. 
LA – CE – 6900 – E, Filed 5/20/2024, Interpretation of Education Code 45128 regarding 7 hour contracted employees and overtime. Need to submit additional information or withdraw by 3/25. Submitted evidence by deadline, District sent their rebuttal. PERB will schedule an informal hearing or dismiss the case. PERB DISMISSED THE CASE 5/25/2025. Re-opened PERB Charge,  5/22/2025 waiting for ruling from PERB. PERB DISMISSED CASE WITHOUT LEAVE TO AMEND