The Grievance Process

1. The Grievance Process

2. Grievances may arise out of three different sources: • Interpretation of the contract agreement • Disciplinary action • Civil Service Rules

3. If an employee or union feels the terms of the contract have been violated a grievance may be filed.

4. An individual employee may also file a grievance if they feel a disciplinary action taken against them was unjustified.

5. Grievances generally follow a four-step process, outlined in each collective bargaining unit's contract.

6. Time limits on each of the steps exist to assist in moving the grievance forward in a timely manner, though time limits can be waived by mutual agreement.

7. Step I of the grievance process involves only the employee and his/her supervisor. They meet informally to resolve the issue. • The shop steward often stands with, or represents the employees interests.

8. If they are unable to reach a mutually acceptable decision, the grievance moves to Step II, and the union steward meets with the department head or another higher-level management representative.

9. If the grievance cannot be resolved at the two lowest levels, it advances to Step III, at which point the Office of Labor Relations, HR, and/or Senior Mgt. assumes responsibility for the grievance, and meets with the union's business manager.

10. If still no settlement is reached, the grievance may go to arbitration…

11. The ruling of an arbitrator may be appealed to district court only under very limited circumstances such as: • Evidence of bias on the part of the arbitrator; • The arbitrator exceeded his or her powers--he or she did something contrary to law; • The arbitrator refused to postpone the hearing when requested--according to law it is unfair for one side to be unprepared; • If the subject being appealed is ruled non-arbitrable; or • If the decisions is procured by unfair means (such as bribery).

12. Step I: Informal meeting (oral) Grievant, Supervisor Step II: Formal meeting (oral) Union Steward, Department Manager Step III: Office of Labor Relations becomes formally involved (written) Union Business Manager (or President if collective bargaining unit does not have a business manager), Office of Labor Relations Step IV: Arbitration (written) Bureau of Mediation Services, Union Business Manager, Office of Labor Relations

13. NON-DISCIPLINARY GRIEVANCE PROCESS

14. DISCIPLINARY GRIEVANCE PROCESS

15. 1. Promotion of an effective and timely dispute and grievance resolution process. 2. Process grievances under collective bargaining agreements. 3. Employers, their agents and representatives are prohibited from interfering, restraining, or coercing employees in the exercise of the guaranteed rights. 4. Employers, their agents and representatives are prohibited from dominating or interfering with the formation, existence, or administration of any employee organization or contributing other support to it. 5. Employers, their agents and representatives are prohibited from discriminating in regard to hire or tenure to encourage or discourage membership in an employee organization. 6. Employers, their agents and representatives are prohibited from discharging or otherwise discriminating against an employee because the employee has signed or filed an affidavit, petition, or complaint or given information or testimony. 7. Employers, their agents and representatives are prohibited from refusing to comply with grievance procedures contained in an agreement. 8. Employers, their agents and representatives are prohibited from distributing or circulating a blacklist of individuals exercising a legal right or of members of a labor organization for the purpose of preventing blacklisted individuals from obtaining or retaining employment. Employer Role in Grievance Processing

16. 1. Present grievances concerning terms and conditions of employment only in accordance with procedures outlined in the collective bargaining agreements. 2. Employee organizations, their agents or representatives, and public employees are prohibited from restraining or coercing employees in the exercise of rights. 3. Employee organizations, their agents or representatives, and public employees are prohibited from coercing or restraining any person with the effect to force or require any public employer to cease dealing or doing business with any other person. 4. Employee organizations, their agents or representatives, and public employees are prohibited from coercing or restraining any person with the effect to refuse to handle goods or perform services. 5. Employee organizations, their agents or representatives, and public employees are prohibited from coercing or restraining any person with the effect to preventing an employee from providing services to the employer. 6. Employee organizations, their agents or representatives, and employees are prohibited from causing or attempting to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of an exaction, for services which are not performed or not to be performed. 7. Employee organizations, their agents or representatives, and public employees are prohibited from picketing which has an unlawful purpose such as secondary boycott. Collective Bargaining Unit Role in Grievance Processing

17. Management Guidelines on AFSCME Grievance Administration

18. Policy 6.5, Grievance/Complaint Resolution • STAGE I GrievanceSTAGE II GrievanceSTAGE III GrievanceMediationStage IV Grievance - ArbitrationManagement response when AFSCME representation is claimed by GrievantManagement response when AFSCME representation is waived by GrievantGrievance Time Line Hold

19. STAGE I Grievance • When management receives a grievance at Stage I, a copy of that grievance form and any data related to the "Nature of the Grievance" and "alleged violation" should all be sent to Gwen McCay, University Human Resource Services, to attain a grievance number for grievance recording and administration. • The grievance should be submitted to HR ASAP before a response is given to the Stage I Grievance • HR will review and provide a grievance number for those grievances that comply with the language of Policy 6.5 in terms of eligibility, timeliness, completed grievance form, etc. • HR attempts to provide a grievance number within 24 hours of grievance receipt from management and/or from the union. • Management and their departmental HR will be advised of the assigned grievance number and/or reason for no assignment of a grievance number • Management's written response to Stage I Grievance should include the following: 1) assigned grievance number and 2) a CC: to Gwen McCay, University Human Resource Services.

20. STAGE II Grievance • When management receives a Stage II grievance appeal, a copy of the Stage II appeal and any related data to this appealshould be sent to Gwen McCay, University Human Resource Services for grievance recording and administration. The Stage I written response should be attached to the Stage II appeal copy. (if there was a Stage I filed and if there was a written Stage I response) The response and any other pertinent information should be attached to the Stage II appeal form and sent to HR with the assigned grievance number indicated on the information you are sending. • Management should respond to the Stage II. We encourage consultation with HR. • Management's written response to Stage II Grievance should include the following: 1) assigned grievance number and 2) CC: to Gwen McCay, University Human Resource Services.

21. STAGE III Grievance • When Stage III appeal is received by Human Resources, you will be advised of the Stage III appeal and the next steps associated with the particular grievance. • Mediation • When mediation requests are received by Human Resources, you will be advised of the mediation request and the next steps associated with the particular grievance.

22. STAGE IV Grievance - Arbitration • When Stage IV appeal is received by Human Resources, you will be advised of the arbitration appeal and the next steps associated with the particular grievance.

23. Management response to Stage I or II when AFSCME representation is claimed by Grievant: Memo procedures are as follows: • T0: Steward representing the Grievant • Subject: Grievant's name, Grievance Stage number, Grievance number assigned • Example: John Smith, Stage I response, Grievance # 03001AF • Note: HR assigns Grievance numbers as follows: first 2 digits represent the year, next 3 digits represent the number of the grievance and the last two characters define the type grievance. Thus, J. Smith grievance is for year 2003, it is the first grievance and it is an AFSCME grievance. • Copy to/CC: Grievant, AFSCME President, Appropriate Departmental Management (i.e. the management levels within the department of the alleged violation inclusive of any HR management in the department ), and Gwen McCay • If you receive counseling, assistance from HR (Maurice Smith or Suzanne Ryan), you may CC: your assistance if either requests a CC:. However, a CC: must go to Gwen McCay to initiate/maintain administration of the grievance procedure compliance. A CC: to Moe or Suzanne, unfortunately, does not constitute the required CC: to Gwen McCay.

24. Management response to Stage I or II when AFSCME representation is waived by Grievant:(i.e. Grievant represents his/her self,)Memo Procedures are as follows: • To: Grievant's name • Subject: Grievant's name, Grievance Stage number and Grievance number assigned • Copy To/CC: AFSCME President, Appropriate Departmental Management, (i.e. the management levels within the department of the alleged violation inclusive of departmental HR management ) and Gwen McCay

25. Grievance Time Line Hold: • If you need to place a "Hold" on the grievance timeline due to such issues as vacation, out of office, illness, etc. for responding, please contact Gwen McCay, Human Resources. Grievance time line holds are considered with mutual agreement among the management, HR and the AFSCME Union President. The stewards cannot approve a grievance "Hold".

26. Management Levels: Stage of Settlement and Response Accountability: • Settlement Stage I: Generally supervisor, level where complaint arose Settlement Stage II: Generally Dean or DirectorSettlement Stage III: HRSettlement Stage IV: HR • Important: If management delegates the responsibility of grievance response to others outside of the language settlement stage level(s), please notify the following via memo or e-mail: