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Your Rights

Weingarten Rights

You have the right to union representation during an investigatory interview when you reasonably believe the interview might result in discipline. You have the right to know before a meeting what general matter (such as work performance, dishonesty, inappropriate use of the internet, absences, tardiness, etc.) is being investigated (CSUEU Contract Article 12.1)

If you are in such a situation, go straight to your Union representatives. Contact Your 304 Chapter Representatives.

Grievance Procedure (Article 7)

The key phrase in article 7 Section 10 is "no later than thirty (30) days after the event giving rise to the grievance".

Please notify a steward before the deadline. It takes time to prepare an effective grievance. Here is the full sentence:

If the potential grievance is not resolved at the Informal level or if the informal step is not invoked by the grievant, the grievant may file a Level I grievance with the Human Resources Office no later than thirty (30) days after the event giving rise to the grievance or after the grievant knew or reasonably should have known of the event giving rise to the potential grievance or twenty-one (21) days after the Informal response.

Annual Performance Evaluations (Article 10)

Performance evaluations shall be based on job-related criteria. The key document in determining if an employee is doing their job is their position, or job, description.

Performance evaluations with an overall rating of below satisfactory shall include specific information about the areas of concern.

It is the “normal practice” that employees shall have been counseled on below satisfactory performance when the concern is identified and before it is documented on the performance evaluation.

The appropriate administrator shall give the employee a draft evaluation and at least 10 working days to review it and provide input to the administrator. That input may be oral or in writing, but we recommend that you put it in writing. The appropriate administrator must also provide the employee with a copy of their current position description, if they request it.

The appropriate administrator must consider any input provided by the employee during or upon completion of the review period. That input may take the form of descriptions of accomplishments, extra duties or tasks taken on, emails or letters from co-workers and customers, or anything else that the employee believes should be considered in arriving at a fair evaluation. The final evaluation may not reflect that input, however, if the appropriate administrator considers it and doesn’t find it persuasive.

Before the final evaluation is placed in the personnel file, the employee must be provided a copy of it.

If the employee takes exception to anything in the final evaluation, they may:

  • Request a meeting between themselves, their appropriate administrator, and, if the employee wishes, the employee’s representative. This meeting is to take place within 7 days of it being requested at a mutually agreeable time and place. It is not required, but we advise that this request be in writing.
  • If the employee is still dissatisfied with the evaluation, they may submit a rebuttal statement which shall be attached to the evaluation. This rebuttal may be the same as or different than the input provided in response to the draft evaluation.
  • The appropriate administrator must reconsider the evaluation in response to either the meeting described above and/or the rebuttal statement and, if the evaluation is amended, the amended evaluation shall be placed in the personnel file instead of the original.

You cannot grieve the substantive content or overall rating of a performance evaluation. You can, however, grieve whether it was prepared and presented in accordance with the CBA.