Denver UniServ Unit* (DUU) Representation Policy

*Denver Classroom Teachers Association
and
Denver Association of Educational Office Professionals
This policy shall take effect September 1, 1998

General Principles
The Association is legally obligated to negotiate the same set of working conditions for all employees in its bargaining unit regardless of membership status. In short, this means that the extent of the Association's obligation to non-payers is restricted to enforcing the negotiated Agreement.

The way we enforce the Agreement is through the grievance procedure. So, if a conference with the principal is part of Level I, then the Association has to provide assistance, if it is requested. If so requested, a representative of the Association is obligated to assist members and non-payers at Level I and in matters of Corrective Action (Article 11).

As a matter of CEA policy, CEA legal staff is not available to non-payers. If a non-payer is accused of child abuse or assault, terminated, non-renewed or other matters prescribed by the law, CEA has no obligation to represent the non-payer. Neither are we obligated to take a case involving the violation of the Agreement to court for a non-payer though we may choose to do so for a member. If a letter of reprimand is issued by the district in a matter that involved criminal charges or a lawsuit against a non-payer, DUU assistance with the letter of reprimand could be requested by the non-payer because it is covered by the Agreement (Article 11).

UniServ Staff Assistance
One way of making members a priority is that DUU UniServ staff are not available to non-payers except when matters regarding the enforcement of the Agreement reach Level III of the grievance procedure. If non-payers call the office directly, they will be referred back to an Association Representative (AR) or a trained teacher volunteer who is a Central Grievance Board (CGB) representative (in the event the school does not have an AR).

The AR or/Grievance Representative (GR) always has priority for access to the UniServ staff. Members also have access to UniServ staff although members are strongly encouraged to talk to their AR first and then let their AR follow up with the UniServ staff, as needed.

Grievance Forms
The Grievance Procedure (Article 7) has important timelines to be followed. All grievance paperwork (Forms A and B) from members and non-payers must come to the DUU/DCTA office where an official file is kept and copies of the forms forwarded to the appropriate parties.

Building Representation - Level I

When a grievance arises at the building level, a grievance packet containing pertinent information for processing grievances will be provided to both members and non-payers who request assistance.

Members will be provided representation at Level I by the building AR or GR, if requested. In matters of corrective action (Article 11) the member has the choice of bringing another teacher or the AR in the building to the meeting with the administration. Level I meetings are scheduled by the member and the AR or GR.

Non-payers will be provided assistance in processing grievances at Level I by the building AR or GR, if requested. In matters of corrective action (Article 11) the non-payer has the choice of bringing another teacher in the building or the AR to the meeting with the administration. Level I meetings are scheduled by the non-payer or the AR or GR.

In either case, if no AR or GR is present in the building, a member of the CGB may be called upon to provide representation/assistance.

An individual's private attorney shall not be permitted to represent a grievant at Level I meetings.

Administration Building Representation - Level II

Members will be provided representation at Level II by the UniServ staff person assigned to that building. With the consent of the member, a different UniServ staff person or a CGB representative may be utilized in this capacity.

In processing grievances at Level II, non-payers will be accompanied by, and receive assistance from, a CGB representative.

Level II meetings for members are scheduled by the UniServ staff after consultation with the member.

Level II meetings for non-payers are scheduled by the CGB representative after consultation with the non-payer.

An individual's private attorney shall not be permitted to represent a grievant at Level II meetings.

Mediation or Arbitration - Level III

If approved by the Central Grievance Board, a grievance may be scheduled for mediation or arbitration.

Representation of members at mediation or arbitration will be provided by the appropriate UniServ staff person or, when appropriate, an attorney provided by DUU. Representation by a private attorney is not allowed.

Representation of non-payers at mediation or arbitration will be provided by the appropriate UniServ staff person. Representation by an individual's private attorney is not allowed.

Date adopted:

by DAEOP: 2-17-98 by DCTA: 5-19-98 by DUU: 6-1-98