What is a Grievance?
Grievances may be filed by an employee or by the Union. A grievance is a violation of one or combination of the following:
Contract Violation: There are numerous articles in the contract that management could be in violation of. Once you have identified a violation(s) you can then proceed to file the grievance citing the article and issue that is being grieved.
Department Policies/Rules Violations: Review the information, if you do not have a copy of your department's rules and policies, ask your supervisor for a copy. The employer is obligated to either give you a copy or make a copy available for you. If you find there is a violation(s), it is grievable under the contract. File a grievance citing the appropriate article(s).
Past Practice Violation: A past practice can be the basis for a grievance, particularly in areas where the contract is unclear or silent. If a violation is found, it is grievable under the contract. Grievances on past practice can be complicated and are governed by some of the following rules:
A valid practice must be repeated over an extended time period.
Both parties must accept a practice explicitly. Explicit acceptance of the practice is when the Union and Management have formally agreed to the practice. Implicit acceptance exists if neither party formally objected to the practice.
If a practice violates the contract, either side can demand that the contract be enforced.
Because the area of past practice is complex and can have implications for an entire group, the Union Representative should be consulted before filing a past practice grievance.
Federal/State Law Violations: If there is a violation of law, it is grievable under the contract. File a grievance under the appropriate article(s). You can also file with the appropriate Federal/State agency, i.e. DFEH, EEOC, Cal-OSHA, etc.
Grievances may arise from an infinite number of causes. A written grievance is a "formal complaint" by an employee who feels they have been wronged. There are instances where the Union will file grievances where there is a contractual violation.
Once the Grievant files the grievance, it is his/her sole responsibility to insure that said grievance form is processed through each step of the Grievance procedure by delivering it to the appropriate/designated person referenced in their contract.
Filing a Grievance
Before a grievance is filed the grievant should determine if all or some of the following exist:
Is there a real basis for the complaint?
Is it timely?
Has disciplinary action been taken against you by Management (Grams, reprimands, suspension)?
Have you been treated differently than other employees?
Is the grievance justified?
Can you answer the questions, When?, Where?, How ? did something occur that would cause you to file a grievance?
A grievance should not be filed unless there is a real basis for the complaint or need for decision.
Important Tips
The contract for your bargaining unit is specific regarding filing timelines. Don't miss your filing timelines. Your Steward or Union Representative will advise as to whether you have a grievable issue.
Keep in mind that it is essential that you and your representative or advocate attempt to settle grievances when possible. Efforts should be made by both the grievant and management to settle grievances at the lowest step possible.
When the final steps of the grievance have been held and no resolution has been reached, your grievance may be filed to arbitration -- if the Union believes the case is arbitrable. Most cases filed to arbitration will be mediated.
When you file your grievance have your copy signed "Grievance received, date and signature of person receiving the grievance.
Sample Grievance
I am grieving the suspension reprimand of March 30, 2011.
The 5-day suspension is without proper cause and in violation of Management Rights - Article 2, Grievance Procedure - Article 9, Salary - Article 8 and any other articles deemed applicable.
Rescind the five (5) day suspension, remove the reprimand from all files and destroy and make me whole.
The Department is responsible for providing a grievance form to you upon request. Your steward also has grievance forms.
Any disciplinary action taken by Management cannot be placed in your personnel file while it is being adjudicated. If it is in your personnel file request its removal. If the document is not removed while the grievance is in process by all means grieve.