For example, if the employer has 10 calendar days to answer your Step 1 grievance that was filed on Sept. 1, the response is due on Sept. 11. However, what if the employer does not provide a response? As of Sept. 12, the union must move the grievance to Step 2. If the Step 2 grievance must be filed within 10 calendar days of the Step 1 answer, or as in this case, when no answer has been provided, the union must file the Step 2 grievance by Sept. 21.
We cannot stress enough the importance of following the procedural requirements of the grievance procedure. There is nothing worse than having a grievance that has merit, only to have it dismissed because of a procedural violation. To assist you in tracking grievances and to avoid procedural violations, we recommend using a template similar to the one below:
Sometimes the parties will agree to extend the time limits for processing a grievance. If such an agreement is reached, always receive it in writing.
Almost all PBA contracts contain a grievance procedure that ends in binding arbitration. When deciding to file for arbitration, the PBA must determine whether the matter is allowed to proceed to arbitration under the grievance procedure. Some contracts that have a broad definition of grievance limit the type of grievances that can be arbitrated.
For example, the procedure may not allow noncontractual grievances such as alleged SOP violations to go to arbitration but may allow express violations of contract to proceed. Other considerations, which should be discussed with legal counsel, are whether the grievance involves a managerial prerogative or is preempted by law from going to arbitration( such as civil service appeals). Absent such limitations, the grievance can proceed to arbitration.
Next, the PBA must determine which agency the contract designates to process the arbitration. Most PBA collective negotiations agreements designate the Public Employment Relations Commission as the filing agency. However, some designate the New Jersey State Board of Mediation or the American Arbitration Association. Whichever agency is designated, you must follow the rules of that agency and the contractual requirements for filing for arbitration, or your grievance may be dismissed on procedural grounds.
The key to processing grievances successfully starts with knowledge of your contractual grievance procedure. Learn the definition of“ grievance” and the procedural steps of the grievance process, and you will be able to protect the sanctity of the PBA’ s collective negotiations agreement and be a forceful advocate for your members. d
James M. Mets, Esq., is a partner with Mets, Schiro and McGovern, LLP, which serves as labor counsel to numerous PBAs throughout the state. www. njcopsmagazine. com ■ MARCH 2018 23