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Call
your grievance officer
immediately for help
with contract questions
UPI's grievance chairs are responsible
for maintaining the integrity of your contract.
The moment that you feel that your contractual
rights have been violated your should contact your grievance chair
immediately. Failure to do so could
result in a loss of your rights due to the untimeliness of your
response.
Some of the UPI agreements allow bargaining
unit members 30 days from the time of the perceived violation
to file against the administration and others 40 days.
You need to check your contract to see
which number applies to you. This is important as failure to challenge
contract violations not only affects you but also the rest of
the bargaining unit.
Grievance Officers
UPI Grievance Chair
Fred Flener
F-Flener@neiu.edu
Associate Grievance Officer
Cheryl Green
c-green@csu.edu
Janet Grange
CSU
Ed Brazil
EIU
cfheb@eiu.edu
Lydia Morrow-Ruetten
GSU
L-Morrow@govst.edu
BarBara Scott
NEIU
b-scott1@neiu.edu
John Dickerman
NIU
jdickerman@niu.edu
Mark Rogh
UIS
Bob Sutton
WIU
Robert_Sutton@wiu.edu
Elaine Root
WIU
Elaine_Root@ccmail.wiu.edu
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Grievance Report
Cases arise from GSU / Unit B, NEIU and
WIU
from ProAction, 2002
Traditionally grievance filings drop in summer, but several left
over from the past academic year have kept us busy.
Qualifications,
not experience, govern courses faculty teach
We had a positive settlement for a Unit B
grievance at GSU where a faculty member
was denied the right to teach courses the grievant was qualified
to teach. Administrators argued that the grievant was entitled
to teach only those courses the professor taught previously. UPI
argued that the grievant was entitled to teach courses for which
the grievant was qualified. (A comparable grievance will be arbitrated
this fall at CSU.).
Grievance may go on beyond the bargaining unit
At NEIU a faculty member filed a grievance
after being denied consideration for promotion for allegedly failing
to submit student evaluations for several years. UPI
based our grievance on NEIU contract
language and the Department's Application of
Criteria (DAC). Both documents state that the department
is responsible for maintaining records the faculty member submitted.
When Step 2 of the grievance process was reached, it was agreed
that the promotion portfolio would go forward with a limited set
of student evaluations. What makes this grievance interesting
is that while the administration was supposed to be evaluating
the portfolio, the faculty member was asked to be the acting department
chair and was told that, acceptance of that position would mean
suspension of the grievance. The administration said that the
faculty member refused to become acting chair, "if this meant
that he would have to suspend his grievance." There is absolutely
no reason to suspend a grievance because you are leaving the bargaining
unit. In fact, there are instances in which grievances have
been resolved when the faculty member is no longer at the institution.
Once the grievance reaches the level of Step 2 or higher, it is
the UPI's grievance. Neither the faculty
member nor the administration can pursue or withdraw a grievance
at this stage. It is UPI's responsibility
to make that decision on the case's merits. Under no circumstances
can the administration take any action against a faculty member
in an effort to have him/her suspend or withdraw a grievance.
Final grades clash with dissertation defense
Finally, a Western faculty member's
dissertation defense fell at a time conflicting with the grading
process, forcing the grievant to delay grading final exams. As
a result the faculty member turned grades in late. The grievant's
request to turn grades in late was denied on the grounds that
it would inconvenience the records department. UPI
argued that to evaluate the students fairly before turning in
grades more time was needed. To comply with the administration
demands, the grievant turned in incompletes for all students at
the time grades were due and subsequently issued final grades
upon returning from the dissertation defense. Despite the request
for permission, and completion of the grading procedure upon the
grievant's return, WIU's administration
filed for a penalty of four days pay as a sanction for the grievant's
action. This sanction hearing will take place in early September.
Fred Flener
F-Flener@neiu.edu
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