Grievances: Hindsight is So Last Year

A 2021 Approach to Handling Grievances

Dennis J. Eichelbaum, Managing Shareholder

Forget everything you have been taught or thought you knew about grievances. Leave behind the notion that grievances are bad, grievances cause problems, grievances poison the environment. Let us take a fresh perspective and see if we can make grievances work for administrators. Maybe they can actually be an effective tool to resolve issues, as they were theoretically intended.

Gone are the days when building administrators could make decisions in the same fashion that Caesar ruled. Now that grievances are permitted to be filed for every reason under the sun, it is time to step back and see how to calmly control the situation. Employee grievances can be used to the advantage of the administrator: it simply takes adopting a new perspective. of the employee. When you take into consideration every complaint, whether it be the temperature is too cold or “I did not receive my copies” is an informal complaint that you routinely address and resolve, then most “grievances” are resolved for the employee.

Remember, grievances against the government are a constitutional right. From the First Amendment and the right to petition the government for a redress of grievances, to the Texas Constitution’s right of a remonstrance, complaining to the government is as much an American tradition as apple pie. The Texas Legislature has even forced school boards to now listen to any member of the public that signs up during public forum prior to voting on matters during school board meeting.

While grievances may be filed even in the smoothest and friendliest work environment, there are four steps which should be taken in order to prevent grievances, or at least minimize the potential for losing grievances. While the following lists are not all inclusive, they provide a framework from which the building “concerns” and “grievances” are used synonymously, since a grievance is nothing more than an employee concern. Please note, the gender used below is masculine, solely for the purpose of fluency.

1. Consistency is not only the best offense, it is the best defense. It is convenient (and proper) to respond to an inappropriate request by informing the employee that it must be done a certain way because that is the school (or district) policy. However, should an employee concern ever come to a grievance, consistency gets the administrator past the main grievance claim, “arbitrary and capricious.”

Administrators cannot be arbitrary and capricious toward an individual employee if he has consistently ruled the same way. Regardless of whether the decision by the administrator was the correct one, it cannot be said to be arbitrary and capricious.As for an employee relation strategy, employees prefer knowing the rules will remain

consistent. They may not like the rules, but as long as they know the rules will remain consistent, they are able to go about their work, knowing what the parameters are and what the consequences are for overstepping those parameters.

2. A good principal cannot lead his staff “into battle” from the middle or the rear; principals should remain at the front, separate and apart from the staff. Employees look to the administrator as the leader of the building, the one with whom the buck stops. When there is a disagreement as to which method is proper, employees need to know that the administrator will be an impartial decision-maker, not someone who may be personal friends with certain staff members. It is imperative that the administrator remain the “boss” at all times, and not take the “I’m just one of the guys” approach. Lead by example – if you expect a certain dress, behavior, or attitude, you should model the best example of this.

To promote this “impartial decision maker” image, “happy hours” and other after-school faculty functions should not be with a select few. Unless every staff member is at the event, those staff members absent perceive that the administrator feels a special kinship towards those with which he socializes. Always remember, perception may not always be reality, but reality is always perception.

When a good building administrator makes a mistake, he admits it. Admitting you are human can often rally supporting staff behind you, since employees like to work with administrators who admit to having flaws. By admitting a mistake immediately, you minimize its effect and give yourself the opportunity to quickly remedy any potential damage.

“Maximize the good in all employees.”

all employees. Besides making it easier for appraisal purposes, good documentation gives the employee notice of deficiencies, includes methods of improvement, and offers assistance to the employee. Good documentation for employees also evidences consistency, which may be necessary should a grievance be appealed. A memo documenting an occurrence should not automatically bring fear into an employee’s heart – a good administrator documents both good and bad acts. While it is important to maximize the good in documentation, this by no means indicates that you should minimize the need to improve.

At this point, building administrators who follow the above four steps will win any grievance before it is even started. Unless policy or state/federal law has been violated, the above four precautions establish a firm base to defend any decisions you make. The following are six guidelines which can minimize the impact of a grievance and may even end a grievance before things get sticky:

5. When it does not hurt to sustain the grievance, sustain it!

If the concern is not going to harm you or the building in any way, or lead to inconsistent administration, grant the grievance. The mere fact that you can later show you have granted a previous grievance may someday be used as evidence that you are not arbitrary and capricious in your decisions.

6. Welcome the grievance and treat it respectfully. The matter may be trivial to you, but it is important enough to that employee that he wrote it up and requested a conference with you. To an employee, a grievance is something that is discussed among friends, at home and at work. Show the employee that you welcome any concerns and that you are there to listen to what they have to say.

Be honest with yourself; you have probably not always thought you were treated fairly, yet you may have never filed a grievance. Why not? Was it because you thought it might hurt your career advancement? And do you not think the grievant in this situation has the same fears? All the more reason to respect the courage it takes to challenge a supervisor, even if you think they are wrong. It takes a certain amount of internal fortitude to take such a risk and that deserves respect.

3. Maximize the good in all employees. By maximizing the good in all employees, and giving them recognition for it, employees feel pride in their accomplishments. By giving each employee positive strokes for accomplishments, regardless of whether the acts were expected or regular duties, employees are better able to take criticism in areas in which they need improvement. People are always more apt to accept criticism from someone when they know that they are just as apt to be rewarded with praise for their good work.

Furthermore, employees are more likely to work hard when they can expect praise for improvement, minimizing the attitude of “Why work harder; he never notices when I do a good job anyway?”

Maximize the good.

4. Document. This could easily be the number one preventative measure, and if done properly, encompasses the first three. Effective documentation is essential for All administrators are expected to listen to the concerns of workers. Most employees are frightened, yet relieved, just to have the opportunity to sit down and be heard. Whether you sustain the grievance or not, the fact that you listened and were receptive and respectful to the concerns will make the employee more satisfied than when he first entered your office. Sometimes that is all it takes to end a grievance: simply an employee feeling like you listened and were respectful of his feelings.

grievance conference. Ruling immediately gives the impression that your mind was made up before you heard the matter…that sounds mighty arbitrary and capricious! Instead, take the matter under advisement, and inform the employee that you will render a decision in writing within the allotted time, in accordance with the grievance procedure.

There is a three-fold reason for waiting the full length of time allotted by the district’s procedures. First, it implies that the decision was mulled over and that all the issues were considered. Second, it creates a cooling-off period, during which time the employee is able to return to work without the burden of the pending grievance (or appeal).

Finally, waiting to decide (rule) alleviates the problem of employees leaving your office and immediately telling others what your decision was. You know the employee has kept co-workers abreast of the grievance, and they are all waiting for the employee to return from your office. The wait will dampen some of the coworker’s curiosity and will give all the impression you take time to consider employee concerns. It also contradicts any claim to other employees that your mind was made up before the conference and that you failed to listen to a word the employee said.

Regardless of whether you know your decision, do not rule immediately. Time is always on the side of the administration. Do not rush to a decision when you have time and opportunity to cautiously word your decision to your best advantage. By giving your decision orally, the employee ignores the reason for the decision and just hears the ruling. Perhaps they even keep arguing with you right then and there. However, by placing the decision in writing, you give all your reasons to the reader – whether the reader is the grievant or a coworker! examine you. If the employee begins asking you questions, you may inform them that you are the hearing officer and that you are there to listen to concerns. It is also the best practice to remind them that your responses will be given later, in writing.

9. Control the conference. Be standing behind the desk when the employee arrives in your office. Be sitting behind your desk during the conference – do not sit next to the grievant, as if you were his friend.

Leave your door open during the conference. This shows that you have an open-door policy. Furthermore, it keeps the tone of the grievance conference civil. This practice also alleviates the employee telling co-workers that you screamed and ranted and raved during the conference (as does tape recording the conference). By leaving the door open you show that you have nothing to hide or keep secret. If the employee asks that the door be shut, use your judgment. However, it is almost always best to leave the door open – if the employee no longer wishes to discuss a concern with you because the door is open, then that is his decision. You were willing to listen. As Machiavelli put it, “A wise princ[ipal] should rely on what he controls, not on what he cannot control.” While you may not be able to control the attitudes of your employees, you can control the conference and to some extent, the perceptions of the conference. Use it to your advantage.

10. Always allow the employee representation if he requests.

Besides the law mandating it in many situations, it can never hurt to allow a representative. Unless students’ names are involved (in such cases, representatives may leave in order to protect the federal privacy rights of the child), allowing a representative is no different than listening to the employee himself. You can still control the conference, by following the above steps.

“Be a good listener, not a heavy talker. ...It is best to listen carefully to the grievance...”

8. Be a good listener, not a heavy talker. When an employee comes in to discuss a concern, it is best to listen carefully to the grievance, and upon the conclusion of the employee’s explanation, inform the employee that you will carefully consider the matter. Record the session so that you have a record, and you can retain eye contact as you listen, showing the grievant you are paying attention (another good reason to listen, not talk). Besides, they are probably taping you anyway, and they do not have to tell you if they are taping. Union representatives are hoping administrators will balk at their inclusion so that they can fill the employee’s heads with union propaganda of fascist administration. Welcome them into your office – it is the quickest and easiest way to deflate their necessity to the employee. If you do it right, the employee will realize that they could have taken the matter to you themselves, and perhaps even the payment of union dues is better spent elsewhere.

The expansion of allowing employee substantive grievances has in no way diminished administrators’ control of their buildings. It is still possible to run a building effectively. By opening your mind to a new perspective on grievances and following these ten easy steps, you will both control your building and hold on to your remaining sanity.

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