Definition & Requirements

A contract grievance is a complaint written by a contract-covered employee that alleges a violation in either the application or interpretation of provisions of the collective bargaining agreement that covers the employee’s job class.

The grievance shall contain:

● Name, work unit, and bargaining unit of the aggrieved employee and the name of their union representative.

● The specific section(s) of the collective bargaining agreement allegedly violated.

● Specific event(s) when the collective bargaining agreement was allegedly violated (date, nature of incident).

● The remedy sought.

● Date the grievance was filed.

The grievance must be presented on the form mutually agreed upon and furnished by the union and signed by the employee or steward.

A complaint that does not allege a violation of either the application or interpretation of the collective bargaining agreement that covers the grievant’s job class must be filed as a noncontract grievance (see Section 11.50).

Steps

Step One: The immediate supervisor will meet with the steward (with or without the employee) to discuss and attempt to resolve the grievance. Copies of the supervisor’s written decision must be sent to the employee, the steward, and the next higher-level management authority within the specified time limits. A copy of the grievance and the management representative’s response must also be sent to the personnel officer.

Step Two: If the employee is dissatisfied with the supervisor’s decision at Step One, the grievance may be presented to the designated agency second step representative within seven (7) calendar days after receipt of the step one decision (fourteen (14) calendar days for employees covered by the SPOC contract). The designated agency representative will meet with the steward (with or without the employee) and attempt to resolve the grievance. Copies of the written response to the grievance must be given to the employee, the steward, and the next higher-level management authority within the specified time limits. A copy of the grievance and the management representative’s response must also be sent to the personnel officer.

Step Three: If dissatisfied with the Step Two decision, the grievance may be appealed to the Chief Operating Officer of DAS-HRE (or designee) within fourteen (14) calendar days after receipt of the Step Two decision for AFSCME and SPOC, or seven (7) calendar days after receipt of the Step Two decision for UE/IUP. The DAS-HRE designee will meet with the steward (with or without the employee) to discuss and attempt to resolve the grievance. Copies of the written response to the grievance must be given to the employee, the steward, the employee’s supervisor, and the appointing authority within the required time limits.

* Grievances involving disciplinary suspensions or a permanent schedule change may be filed directly to the third step of the grievance process.

Step Four: Grievances which have not been settled by the aforementioned procedure may be appealed to arbitration by the union through the Chief Operating Officer of DAS-HRE within the time limits specified in the applicable contract.

Time Limits

There are specific time frames that employees must follow when filing grievances. If a grievance is not timely filed, a notation must be made on the grievance form. The AFSCME collective bargaining agreement provides that, in the event the grievance is untimely filed, the grievance may be processed through the third step of the grievance process anyway. See the DAS Administrative Rules for noncontract grievances or the specific collective bargaining agreement for contract grievances.

At Step One, the grievance must be presented no later than fourteen (14) calendar days (twenty-one (21) days for SPOC grievances) following the date the grievant became aware of or should have become aware of the cause of the grievance.

NOTE: Always refer to the specific collective bargaining agreement to verify the time limits required at each step of the grievance process.

Grievances not filed within required time limits will be considered as settled on the basis of the last employer answer. If a grievance is not answered by the employer within the required time limits, the employee may proceed to the next step of the grievance process. The parties may mutually agree in writing at any step to extend the time limits.

Retroactivity

When it is determined that a grievance should be settled retroactively, the maximum period shall be limited to the six (6)-month period prior to the date the grievance was filed.

Pay Status

Union representatives who are members of bargaining units and grievants will be permitted a reasonable amount of paid time to process grievances during their regularly scheduled hours of work. Only one (1) grievant, however, will be in pay status for any one (1) group grievance. The AFSCME collective bargaining agreement allows up to three (3) percent, but no less than one (1) nor more than ten (10), of the grievants to be in pay status for a group grievance. The employer is not responsible for any compensation of employees or stewards for time spent processing or preparing for grievances outside their regularly scheduled hours of work.

Exclusion of Grievant

The aggrieved employee is entitled to be present at all steps of the procedure. For AFSCME grievances, if the grievant is excused by either party, the union will be allowed two (2) representatives in pay status.