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Gadsden ISD

Bridging Borders, Building Futures, Inspiring Excellence.

Human Resources Grievance Process Resources

Staff Grievance Procedures

Collective Bargaining Agreement

How the Grievance Procedure Works

  • A grievance is a workplace concern in which an employee believes that the Collective Bargaining Agreement or District policy has been applied incorrectly, interpreted improperly, or violated.

    The grievance process provides employees with a structured method to request review and resolution of those concerns.


    Important: A grievance challenges a District action, decision, or the application or interpretation of the Collective Bargaining Agreement or District policy. Employees cannot file a grievance against another employee. Concerns involving another employee should be reported to the appropriate supervisor or Human Resources for review.

  • Before starting the grievance process, please review the following important information:

    • A grievance must involve the application, interpretation, or alleged violation of the Collective Bargaining Agreement or District policy.
    • Complete the Employee Grievance Form before meeting with your supervisor. The form allows you to clearly describe your concern, identify the remedy (redress) you are requesting, and provides space to document the outcome of your initial meeting. Bring the completed form with you to the meeting.
    • The first step is to meet with your immediate supervisor to discuss your concern and attempt to resolve it informally.
    • You must begin the grievance process within 20 workdays after you knew, or reasonably should have known, of the action or decision giving rise to your concern.
    • If your concern is resolved during your meeting with your supervisor, the grievance process ends, and no further action is required.
    • If your concern is not resolved, you may continue through the formal grievance process by following the steps below.
    • If you are unsure whether your concern qualifies as a grievance, Human Resources is available to answer your questions before you file.
  • Step 1: Complete the Employee Grievance Form

    Complete the Employee Grievance Form by describing the action or decision you are grieving, identifying the provision of the Collective Bargaining Agreement or District policy involved, and stating the remedy you are requesting (redress sought). Bring the completed form with you to your meeting with your immediate supervisor.


    Step 2: Meet with Your Immediate Supervisor

    After completing the grievance form, contact Human Resources to begin the grievance process. Human Resources will assist in coordinating your initial meeting with your immediate supervisor.

    Meet with your immediate supervisor to discuss your concern and attempt to resolve it informally.

    If the concern is resolved, the outcome should be documented on the grievance form, and the grievance process ends.

    If the concern is not resolved, you may proceed to the next step of the grievance process in accordance with the timelines established by the Collective Bargaining Agreement.


    Step 3: Human Resources Review

    If the grievance is not resolved during the initial meeting, Human Resources will schedule a grievance meeting in accordance with the Collective Bargaining Agreement.

    Following the meeting, Human Resources will issue a written decision.


    Step 4: Superintendent Review

    If you disagree with the Human Resources decision, you may appeal to the Superintendent or the Superintendent's designee within the timelines established by the Collective Bargaining Agreement.

    The Superintendent or designee will review the grievance and issue a written decision.


    Step 5: Arbitration

    If the grievance remains unresolved after the Superintendent's decision, the Federation may submit the grievance to arbitration in accordance with the Collective Bargaining Agreement.

    Arbitration is the final step of the grievance process.

  • Who can file a grievance?

    Under the Collective Bargaining Agreement, a grievance may be initiated by:

    • An employee
    • A group of employees
    • The Federation (AFT)

    Most grievances are initiated by an individual employee seeking review of a District action, decision, or the application or interpretation of the Collective Bargaining Agreement or District policy.

    If you are unsure whether your concern qualifies as a grievance, Human Resources can help you determine the appropriate process before you file.


    Can I file a grievance against another employee?

    No.

    The grievance process is used to challenge a District action, decision, or the application or interpretation of the Collective Bargaining Agreement or District policy. It is not used to resolve disputes between coworkers.

    For example:

    • An Instructional Assistant cannot file a grievance against another Instructional Assistant.
    • A teacher cannot file a grievance against another teacher.
    • A custodian cannot file a grievance against another custodian.

    If your concern involves another employee's conduct or behavior, report the matter to your immediate supervisor or Human Resources. The District will review the concern under the appropriate policy or procedure.


    Do I have to meet with my immediate supervisor first?

    Yes.

    Before meeting with your immediate supervisor, complete the Employee Grievance Form and contact Human Resources to begin the grievance process. Human Resources will assist in coordinating the initial meeting with your immediate supervisor.

    The form documents your workplace concern, the remedy you are requesting (redress sought), and the outcome of the initial meeting.

    The first step in the grievance process is to meet with your immediate supervisor to discuss your concern and attempt to resolve it informally.

    This is an informal meeting, not a formal hearing.

    If the concern is resolved, the grievance process ends. If it is not resolved, you may continue through the remaining grievance steps in accordance with the Collective Bargaining Agreement.


    How long do I have to begin the grievance process?

    You must begin the grievance process within 20 workdays after you knew, or reasonably should have known, of the action or decision giving rise to your concern.

    If the concern is not resolved during your meeting with your immediate supervisor, you must continue the grievance process within the timelines established by the Collective Bargaining Agreement.


    Are the deadlines calendar days or workdays?

    Unless otherwise specified in the Collective Bargaining Agreement, grievance timelines are measured in workdays, not calendar days.

    If you have questions about a deadline, contact Human Resources as soon as possible.


    Can someone attend the meeting with me?

    Yes.

    Employees may be accompanied by a Federation representative during grievance meetings and hearings, as provided in the Collective Bargaining Agreement.

    The initial meeting with your immediate supervisor is intended to be an informal opportunity to discuss the concern and attempt to resolve it before the formal grievance process continues.


    Will my grievance remain confidential?

    The District makes every effort to handle grievances as discreetly as possible while conducting a fair and thorough review.

    Grievance records are maintained separately from an employee's official personnel file. Information is shared only with individuals who have a legitimate need to participate in or administer the grievance process.


    Will I be treated differently for filing a grievance?

    No.

    GISD is committed to ensuring employees may raise workplace concerns without fear of retaliation.

    District policy and the Collective Bargaining Agreement prohibit retaliation against an employee because they filed a grievance, participated in the grievance process, or exercised rights provided by law, District policy, or the Collective Bargaining Agreement.

    Any concerns regarding possible retaliation will be reviewed and addressed under the applicable District policy or procedure.


    What happens if my concern is not resolved?

    If your concern is not resolved during the initial meeting with your immediate supervisor, you may continue through the grievance process as outlined in the Collective Bargaining Agreement.

    The remaining steps generally include:

    1. Human Resources review.
    2. Superintendent or Superintendent's designee review.
    3. Arbitration, when the Federation elects to submit the grievance in accordance with the Collective Bargaining Agreement.

    Each step provides an additional opportunity to review the matter and work toward a fair resolution.


    I'm not sure if I should file a grievance. What should I do?

    If you are unsure whether your concern should be addressed through the grievance process, contact Human Resources before filing.

    Not every workplace concern is handled through the grievance procedure. Human Resources can explain the grievance process, answer procedural questions, and help you determine the appropriate process for your concern.

Responsibilities

Employee Responsibilities

Complete grievance form

Meet with supervisor

Submit within timelines

Attend meetings

 

District Responsibilities

Schedule meetings

Review grievance

Provide written responses

Maintain records

A Resource

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Need Assistance?

For questions regarding the grievance process, contact:

Human Resources:

Estrella Burciaga, Associate Superintendent for Human Resources | ebecerra@gisd.k12.nm.us

Brenda V. Mejia, Director for Human Resources | bmejia@gisd.k12.nm.us

Your local AFT Representative:

Dolores Nanez | dnanez@gisd.k12.nm.us

What Human Resources Can Help With

Human Resources is available to answer questions about the grievance process before you file. We can explain the process, applicable timelines, and required forms. While Human Resources cannot advocate for either party, we can help ensure you understand the grievance procedure and direct you to the appropriate District process if your concern is not addressed through a grievance.