An Introduction to Grievance Processing

An Introduction to Grievance Processing

IEA Higher Education ConferenceSaturday, October 5, 2013

9:30 – 10:30 amElk Grove Village, IL

Presenters:LuAnn Swartzlander, Roosevelt Adjunct Faculty

Organization, IEA-NEA Betsy Pawlicki, Associate General Counsel, IEA-NEA

FALL 2013 IEA HE CONFERENCE: GRIEVANCE PROCESSING 2

Today’s TaskAn overview of grievance processing including:• The Anatomy of a Grievance• Investigating the Grievance• Developing a Theory• Drafting the Grievance• Presenting the Grievance


The Anatomy of a Grievance


The Illinois Educational Labor Relations Act (IELRA) requires that all collective bargaining agreements for educational employees contain a grievance procedure that ends in binding arbitration.

The National Labor Relations Act (NLRA) does not contain a similar mandate, but most collective bargaining agreements under this Act contain a grievance procedure that ends in binding arbitration.

Grievance Procedure


Way to solve problems:• Compels management to listen to us in

forum in which we are equals.• Formal process that allows us to educate

management about what’s going in the work place.

• Puts the onus on management to justify its actions.

Purpose of the Grievance Procedure


• Legally, it is our mechanism to enforce the contract.•Process for establishing how the contract will be interpreted by both the union and the employer.•Way to ensure equal treatment for all bargaining unit members.


• Requires that administration treat all members of the bargaining unit in a fair and equitable manner.

• Holds the union and our membership accountable, too.


• The local’s Bylaws typically establish a Grievance Committee and define duties and obligations.• The local should have policy on how grievances are filed and processes that address:

Role of Grievance RepresentativeRole of Grievance CommitteeRole of Executive Committee/SenateAn appeal process

The Association’s Grievance Policy


• Decisions of whether to process to the next step of the process, including arbitration, should be well documented.• Decision to go to arbitration is typically made by the Executive Committee or Senate of the Local.

• Union has an obligation to investigate alleged violations of the contract and to file a grievance if there is a violation.• Union has no obligation to file grievance to pursue grievances that are without merit.


Every grievance begins and ends with

YOUR contract!

How does your contract:• define a grievance,• identify who may file a grievance,o Individual employeeo Group of employeeso The Association• set time limits for initiating a grievance (informal v. formal step),• identify specific information that must be included in the grievance report?

Members must :• become the

experts on their contract, and

• work as hard to enforce the contract as they did to bargain it!


6.1 Grievance Definition A complaint by (1) an adjunct employee; or (2) a group of adjunct employees; or (3) the HCAFA, that there has been a violation, misinterpretation or misapplication of any provision of this Agreement.

• 2012-16 Harper College Adjunct Faculty Association, IEA-NEA


A “grievance" is a dispute or difference of opinion raised during the term of this Agreement by an assistant(s), or by the Union on behalf of an assistant(s) who has authorized the filing of such grievance in writing, against the University involving an alleged violation of one or more provision(s) set forth in this Agreement as to such assistant(s). In addition, a "grievance" is a dispute or difference of opinion raised during the term of this Agreement by the Union against the University, involving an alleged violation of one or more provisions in this Agreement concerning specific Union rights under this Agreement (e.g., dues deduction, Union use of University equipment, facilities or supplies, Union access and receipt of information, etc.). The Union may also file a grievance against the University on behalf of a class of similarly situated assistants who have authorized the filing in writing and who have a grievance involving facts in common and alleging a violation of the same provision or provisions of this Agreement.

• 2010-14 SIU Graduate Assistants United, IEA-NEA


• Bypass of steps• Class/Association grievance• No reprisals• Withdrawing a grievance• Grievance settlements• Timeline violations• Grievance meetings Release time Who can attend/must attend

Miscellaneous Provisions


• Initial filing• Management’s response• Union’s forwarding the grievance to the next step• Requesting arbitration

Time Limits


• Many contracts contain a provision for extending timelines.

• Extensions of timelines should always be in writing.

Extending Timelines


• Informal Step• Dean/Department Chair• President/Provost/Chancellor• Board of Trustees• Arbitration

Steps/Levels


Every grievance

begins and ends

with YOUR contract!


Investigating the Grievance


• Who? (was involved; who were the witnesses)

• What? (what, exactly, happened)

• Where? (did the event occur)

• When? (did it happen, or should it have happened)

• Why? (did it happen; is this a grievance)

and, • What would an appropriate

remedy be?

WHAT HAPPENED?The 5 Ws (and a R)


• Witness Testimony• The Paper Trailo Employee records (time sheets, disciplinary

notices, reports, evaluations, lesson plans, personnel file)

o Copies of written and electronic correspondence relating to the issue

Examples of Evidence


• Talk to all witnesses/involved parties.Best practice: individual interviews

• Make sure you get all points of view.

• This might include the grievant, administrators, and other staff.

• Who else might you talk to as part of your investigation?

Interviewing Witnesses


• Don’t talk; don’t interrupt.• Pay attention.• Show the witness that you hear her/him.• Give the witness feedback.• Don’t judge what you hear.

Interview tips:LISTEN ACTIVELY


The Illinois Educational Labor Relations Act (IELRA) and the National Labor Relations Act (NLRA) require employers to furnish relevant information requested by the exclusive representative. If working with a public employer, an information request under the Freedom of Information Act (FOIA) is another option.

Requesting Information From Your Employer


•Put your request in writing.

•Follow up in writing if the request was initially made verbally or informally.

•Stick with whatever format the Union has used in the past.

•Make sure you include the date!


Developing a Theory


1. Identify the issue.

2. Determine the source(s) of your claimed rights.

3. What are the elements to show the right was violated?

4. Apply the facts to the elements.

5. Form a conclusion.

Five Steps to a Theory


• Whose issue is it?

• Why is it an issue?

1. Identify the issue(s) in the case



• Labor agreement/contract Review standards for interpretation

• Past practice• Statutory rights• Board policy

2. The possible source(s) of your right to grieve



• What do you need to show that the contract was violated?

• Example:

3. Elements to be proven



• What facts do you have to establish each element• How do you prove each fact?

• Example:

4. Apply the Facts



• What can you prove?• What harm was there?• What remedy can you get?

• Example:

5. Conclusion



Drafting the Grievance


Most contracts specify exactly what needs to be in a grievance:• Timely filing.• Required content.

Some specify that a particular form has to be used.

Some require the formal grievance to be signed by the grievant.

Do everything the contract requires!


Writing the Grievance - Samples Second Best Local Education Association, IEA-NEA

July 27, 2013

Re: John Doe Grievance

Dear _______:

Please consider this letter a written grievance as required by Article/Section ___ of our labor agreement.

On or about _<insert date>_ the District and/or Board violated Article(s)/Section(s) __________________ and all other applicable sections of our labor contract when it __________________________________________________________________________________________________________.As a remedy, we demand that the District remedy the grievance as follows: ________________________________ _____________________________________________________ and provide such other relief as may be deemed appropriate.

Sincerely,

SignatureTitle


Includes:• Name of affected party/parties• Specific violation(s) of contract (Article, rule,

policy)• Other contractual requirements• Remedy requested• Signature, title and date

Grievance Form


• Once you file a grievance, keep track of it!

• Use a grievance tracking form for each grievance.

• Mark on your calendar when it needs to be sent forward.

Grievance Tracking


Presenting the Grievance


Know the parties:• Who will be present for the

Association? Grievant, representative,

witness, others? Roles: Speaker, note

taking, observer, etc.

• Who will be present for the Administration?

• Where and When?

One size DOES NOT fit

all!


Prepare the Grievant• What to expect?• What will the roles be?• How to behave?• Can the issue be settled?

Presenting the Grievance


• Present your facts Witnesses? Documents? Questions for

administration?• Present your theory Why do these facts show a contract violation?• What remedy do you want?• You may be unable to later add facts, theories, and remedies you don’t present now.• Do you offer a settlement?

Presenting the GrievanceStep 1


• Review the grievance answer.• Discuss it with the grievant.• Do you and the grievant want to take it to the next step?• Do you need to rebut points raised in the answer?• Check and meet all timelines.

Presenting the GrievanceNext Steps


• File the request to go to the next stepo Determine whether to simply request it go to the

next step or file a more detailed explanation.o Determine the parties.o Is further investigation needed?o Who will present what?o Can you negotiate a settlement with lower or

higher administration?

Presenting the GrievanceNext Steps


An Introduction to Grievance Processing

Documents

grievance procedurefall

grievance informal

grievance processing7

grievance processing4way

grievance processing6

grievance processing106

grievance processing5

grievance definitiona