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Understanding Complaints and Grievances
WESP is here for you. In fact, if you have a complaint or a grievance that has occurred between you and the Washoe County School District, we have a committee dedicated to help you through these issues. We are here to help provide support for many services including Due Process, Training for new site reps, and more. But before you decide to seek out representation, it's important that you take a few minutes and learn about the process.

Here are a few things you should know before filing a grievance in accordance with our 2011-2014 WCSD/WESP Agreement:

  • A "grievance" is a complaint by an employee, group of employees, or the association based upon an alleged violation, misinterpretation, or inequitable application of a specific provision of this agreement.
  • The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise.
  • If an employee believes that he/she has a grievance, he/she shall first discuss the matter informally with his/her immediate supervisor in an effort to resolve the matter. If a grievance is resolved at the informal level, the resolution shall be reduced to writing and forwarded to the association and the labor relations manager.
  • 7.2.1 No reprisals of any kind shall be taken by either party against any school representative or any other participant in the grievance procedure by reason of such participation

When deciding whether a grievance or a complaint should be filed, you should consider the following information about a “complaint”:

  • The term “Complaint” shall mean a dispute arising under the application and/or administration of such policies or regulations relating to subject matter not covered or grievable by the provisions of this agreement.
  • All requests and problems of ESP employees should be taken up in the first instance with the appropriate immediate or administrative supervisor. Every reasonable effort will be made to resolve any complaint by an ESP employee through meeting with the appropriate immediate or administrative supervisor.
  • In the event a satisfactory solution is not reached, and ESP employee shall notify the appropriate immediate or administrative supervisor and may file a formal written complaint to the immediate or administrative supervisor on the appropriate form.

Before you decide to file a grievance you should call our WESP hotline at 775-333-0805. Please leave a message and we will contact you as soon as we can to discuss your situation.

Your WESP Grievance Committee is:

Brad Snedeker
Deborah White
Sherrie Burke

Understanding your Weingarten Rights as a member

In 1975 the United States Supreme Court, in the case of NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975), upheld a National Labor Relations Board (NLRB) decision that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights.
During an investigatory interview, the Supreme Court ruled that the following rules apply:
Rule 1: The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.
Rule 2: After the employee makes the request, the employer must choose from among three options. The employer must: grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee; deny the request and end the interview immediately; or give the employee a choice of having the interview without representation or ending the interview.
Rule 3: If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.
In July 2000, the NLRB under the Clinton administration extended the Weingarten Rights to employees at nonunionized workplaces. On June 15, 2004, the NLRB under the George W. Bush administration effectively reversed the previous ruling by a three to two vote.
If you have any work-related problems, follow these guidelines: 1. Do no resign or abandon your work location. 2. All communication with your Association is strictly confidential 3. Document, in writing, the incident 4. Keep any records that relate to the incident 5. Representation is strongly advised 6. Timeliness is important--Don't delay 7. Use your contract as a guide 8. Follow orders unless there is potential for personal injury--you can grieve the orders later! 9. Call your UniServ Director for help.
External link: Full text of NLRB V. Weingarten, Inc., 420 U.S. 251 (1975)