Grievance Corner
Today's File Letter May Haunt You Later
By Bob Reich

"You're going to get a letter in your file!"

These are words that can strike fear in the hearts of the strongest men and the bravest women. It sounds so permanent, so etched in granite.

But, as the song goes, it ain't necessarily so. You have options. If the letter is inaccurate or unfair in any way, you would be doing yourself a major disservice by not taking action. You really need to file a grievance.

To quote another song, let's start at the very beginning: A "letter in the file" refers to observation reports, disciplinary letters after the conclusion of an investigation, memorandums, or any other written documentation of an event.

An employee may grieve any letter placed in his or her file that is unfair or inaccurate. Unfair might be this situation: A supervisor gets a letter in his file for excessive absenses, although three colleagues of his have been absent more often and do not receive letters.

An inaccurate letter is one in which the writer has included factual mistakes, e.g. the wrong class cited, the wrong date, the wrong names of people involved. It can be a minor error or a major one.

Many members who receive letters for their file choose not to grieve; they believe that grieving would indicate a resistance to supervisory recommendations. But understand this: Not grieving a file letter that is unfair and or inaccurate is a major mistake.

In theory, letters are placed in a file to help an employee improve as a professional. Letters are also placed in an employee's file to reprimand him or her for poor judgment or for acting in violation of a regulation or directive.

Realize this: It's like a parent who says to a child, "This spanking is going to hurt me more than it hurts you." Right. Letters in your file may be for your own good, but they can be used to support adverse ratings or further disciplinary actions. If you do not grieve letters and then receive an adverse rating at a later date, you might have passed up an opportunity to grieve.

An employee must file a grievance within 20 school days following the actual knowledge of the act or condition on which the complaint is based.

To file a grievance, write your complaint to your immediate supervisor. The written complaint should state the specific act or condition and grounds on which it is based, the contractual provision which is alleged to have been violated and the remedy sought.

Should you have any questions about filing a grievance pertaining to a letter in the file or grieving any other possible violation of the collective bargaining agreement, speak with your CSA Director or contact me at bob@csa-nyc.org. I can also be reached at (718) 852-3000 x 316.


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ORIGINALLY POSTED FEBRUARY 26, 2004