School Committee members attend a workshop with Atty. Russ Dupere on Level 3 grievances. (Photo by Amy Porter)
WESTFIELD – Prior to the School Committee meeting on Monday, members attended a workshop with Attorney Russ Dupere on the committee’s role in Level 3 grievances, as part of their ongoing training. In a Level 3 grievance, an employee may be heard before the School Committee, following a hearing with the principal (Level 1) and superintendent (Level 2).
School Committee chair Kevin Sullivan said he has not participated in many Level 3 grievance hearings during his time on the committee.
Dupere introduced himself by saying his practice, with his father, brother and a new attorney, focuses solely on schools and represents 70 school districts. He said the committee may hear a grievance on a contract, weigh in and overrule the administration on topics regarding a collective bargain grievance. He said based on the discipline of an employee, the committee doesn’t have a right to overrule. “You’re perfectly fine to make recommendations,” he said.
Dupere said typically during a grievance he would enter an executive session and hold a briefing with the School Committee. The employee would then come in with union officials.
“My recommendation would be to just listen to them. Just a presentation. I typically would ask them to caucus and leave the room, to determine which questions to ask and not ask. Then call the party back in, ask questions, they answer. That’s usually the end of that discussion,” Dupere said.
“At that point, the administrator or attorney would explain what the other side is. At that point, there would be a conversation amongst the committee about how you want to rule on it,” he added.
“What if you don’t have representation from the union; what if the union doesn’t support it,” asked School Committee member Diane Mayhew.
“An employee can present the grievance to you on their own, but then it wouldn’t go into arbitration. If there’s a conflict, the union would overrule the employee at that stage. The union will show up just to make sure the committee doesn’t agree with the employee and violate the contract,” Dupere said.
“What if a grievance is against an administrator; do they get to be there,” asked Heather Sullivan. Dupere responded that he couldn’t think of a time that an administrator had been asked to leave. He also said the committee would have the documents from the Level 1 and 2 hearings.
Dupere said a normal grievance presentation is no more than half an hour, and he would recommend that the School Committee deliberate that night.
Kevin Sullivan asked if it should be just the School Committee, or also the superintendent and administration. Dupere said he always has the administration present, adding if the grievance is against a principal, they might ask the superintendent to stay and the principal to leave.
Dupere also said that often after a grievance, the committee might tell them no, but suggest alternatives to resolve it. “It doesn’t have to be yes or no. It could be no, but we’ll consider these other things,” he said. He also said that some districts are eliminating Level 3 for discipline hearings.
“Some contracts say it’s up to the union, but they can bring it to you if they want. On Level 3, you would have a right to overrule on many things, just not discipline,” Dupere said.
Following the meeting, Kevin Sullivan said that district contracts will be renegotiated beginning in the spring.
