What is a Grievance?

Article 6 of our Contract defines a grievance as a dispute involving the interpretation, application or enforcement of the express terms of the contract.  'Express terms' means items that are specifically spelled out in the contract.

Complaints are disputes involving the interpretation or application of written rules which are not part of the contract and not under the jurisdiction of the State Personnel Board (SPB) or the Department of Personnel Administration (DPA).

Appeals are matters that can be filed with the SPB (such as appeals of exams and disciplinary cases) or with the DPA (such as appeals of AWOL separations).  Most appeals are handled by the Union's professional staff.

GRIEVANCES

If you believe that your rights under the Contract have been violated, please consult one of our union stewards.  This helps us sort through the issue(s) to determine if you in fact have a grievance, a complaint or an appeal.

The union is required to investigate issues brought to its attention by a represented employees.  However, the Union is not required to file a grievance for the following reasons:

• The grievance has no merit.

• The timeline for filing a grievance has already passed.

If it's determined that you have a valid grievance, a union steward or a member of the Union's staff will file a grievance on your behalf.

Grievances are processed through several levels and can be filed all the way up to DPA.  If the grievance reaches the 'DPA' level and is not resolved, the Union may consider taking the matter to binding arbitration.

ARBITRATION

Arbitration is a process where the employer and the Union bring in an outside third-party to resolve a dispute and bring about either a settlement or a binding decision.  Both parties must mutually agree to the selection of the arbitrator and both parties generally share the costs of arbitration.

Because arbitrations usually costs thousands of dollars, both parties normally try to settle matters before an arbitrator issues a final decision.  However, this is not always the case.

COMPLAINTS

As stated above, 'Complaints' are disputes involving the application or interpretation of written rules that are not part of the contract and not under the jurisdiction of SPB or DPA.

Complaints are processed the same way as grievances.  However, they can only be appealed up to the departmental level (department director).  Complaints cannot be arbitrated.

ORGANIZING

Because the grievance and arbitration process is both time consuming and can be expensive, the Union generally tries to use other means to resolve a grievance. 

Many grievances are the result of misunderstandings.  Sometimes, a simple meeting with a supervisor can resolve issues.  In some cases, meetings with upper management bring about the desired results.

When these approaches do not work and it appears that management is dragging its feet, the Union will attempt to organize workers around the issue.   Many supervisors and managers, like most workers, are concerned about their careers and want the least amount of negative 'spotlight' on them.  In addition, many departmental decisions are based not on 'rational' reasons but political ones.  'Political' decisions are often times best approached 'politically'.

This is why it is critically important for members to be actively involved in their worksites.  An organized workforce is usually the best deterrent to bad management.

On a final note, management often urges employees to participate in 'team effort'.  Organizing is just another form of 'team effort'.