Local Representation
A guide to grievance processing
We often get questions about how to file and
process a grievance. These seemingly simple
questions often have complicated answers. This
article will explain the nuts and bolts of most
common grievance procedures and how to pro-
cess grievances so that you can properly protect
your members and your contract.
JAMES
A grievance arises when there is an alleged
METS
breach of a collective negotiations agreement
between a union and an employer. Most contrac-
tual grievance procedures define the term “grievance.” Some
define it narrowly and limit grievances to violations of the ex-
press terms of the contract. Others define a grievance broadly
to cover not only breaches of the contract but also violations
of policies, procedures and work rules. Thus, the first step in
filing a grievance is to determine whether the complaint that
you wish to file is covered by the definition of “grievance.”
If it is, you must then follow the procedures outlined in the
collective negotiations agreement for filing and processing the
grievance. First, determine when the grievance must be put
in writing, because some grievance procedures allow the ini-
tial grievance to be presented orally. You must then determine
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what needs to be set forth in the written grievance. For exam-
ple, some grievance procedures require the grievant to specifi-
cally identify the contract article alleged to have been violated.
Next, file the grievance. Grievance procedures have several
steps and time limits. It is vital to familiarize yourself with these
steps and time frames so that your grievance is not barred by a
procedural error — most often, timeliness. For example, if the
grievance procedure’s first step requires you to put the griev-
ance in writing and provide it to your direct supervisor within
10 calendar days of the date that the grievance occurred, then
that is what you need to do! If you fail to do so, your grievance
can be dismissed as untimely and the merits of that grievance
will never be heard.
We are also often faced with the following question: What
do I do if the employer does not respond to the grievance that
I filed? The answer is to move it to the next step of the griev-
ance procedure as of the date that the employer’s answer was
due. Almost all grievance procedures state that if the employer
fails to answer within the time limits set forth in the grievance
procedure, then the grievance is deemed denied. It is the rare
grievance procedure that grants the grievance if the employer
fails to respond.