Filing a Grievance

Do you think you have a grievance? Do you think our contract was violated? 

If yes, you need to file the grievance quickly--depending on the type of violation, you either have 10 working days or 20 working days to file your informal grievance after the issue was discovered. 

To move forward with your case, you will want to write up the basics: the who, where, when, what and ideally the part of the contract that was violated. Then, use a non ECC email to send the Federation your statement to eccfederation@gmail.com to start the process. Below is a broader explanation of filing a grievance.  

I. Statement of Philosophy:

Representation of unit members is based upon the principle that every unit member is entitled to contractual and legal due process when a dispute arises in the course of their employment. The representation of an individual by the Federation does not indicate that the organization is making a judgement about the conduct of a unit member or about the issue in dispute. The Federation’s role is to ensure due process and represent unit members, not to render judgment. Formal grievances may only be filed for violations of our Collective Bargaining Agreement (CBA). When disputes arise that are not violations of a CBA, the Federation may endeavor to resolve such disputes. Such non-contractual assistance may include helping to mediate the dispute, assisting members in administrative hearings, or pursuing litigation to enforce statutory rights.

II. Grievance Procedure:

Federation members should review the grievance procedure (Article 22) carefully, as it governs the process for filing and processing grievances, and any failure to follow the procedures can result in the grievance being denied. (This is one additional reason why it is important that unit members should contact their union representative as soon as they feel they might have grounds for a grievance.) As a general guide, and only for illustration (not intended to be an authoritative description), here are the basic steps of the grievance process:

Step 1. The unit member writes a declaration about the problem. This written declaration will have a timeline that includes the who, what, where, and when of the issue(s). The declaration should also include the relevant parts of the contract that were violated.

Step 2. The unit member reviews the appropriate section of the contract and determines if the grievance is a contractual violation or an issue outside of the contract. In other words, was the contract violated? The second question that the unit member should ask is, “Does this issue only impact me or is it a broader issue that affects more than one individual?” After thinking about these two questions, the unit member should set up a meeting with the Division Representative to discuss a strategy for the issue. The unit member also has the option of contacting an officer of the Federation Executive Board, including the Chief Grievance Officer.

Step 3. (Informal) Based on the strategy developed out of the meeting between the unit member and Division Representative, an informal meeting with the immediate supervisor should be scheduled with the goal to resolve the issue/grievance within the time limit set forth in the CBA.

Step 4. If the grievance is not resolved at the informal level, the unit member presents the grievance, in writing, to the appropriate administrator as indicated in the CBA, and within the time limits set forth in the CBA. If the grievance is not resolved, there are several more steps that the unit member can take.

Grievance Case studies

2024 PERB Settlement regarding District adding without bargaining new job duties to PT and FT job duties.