Grievances

What is a grievance?

A grievance is a violation of your worker rights by management. A grievance may fall under one of the following categories:

• Violation of the contract. These may be violations of terms and conditions of the CBA, including hours, working conditions, vacations, holidays or benefits.

• Violation of past practice. A practice that has been in place for a long time and is explicitly accepted by both the union and management can sometimes be defended in the grievance procedure if management decides to change the practice–even if it is not spelled out in the labor agreement.

• Violation of fair treatment. If management discriminates on the basis of race, sex, nationality, religion, or union activity, the union can file a grievance based on unfair treatment.

• Violation of federal, state or local law. Laws written to protect workers are considered part of the labor agreement. A violation of such a law can be the basis for a grievance. Such laws include the Fair Labor Standards Act and the Occupational Safety and Health Act.

• Violation of management rules and responsibilities. If management breaks its own policies, it may be the basis for a grievance.

• Discrimination by any OLC employee related to a protected class. (To address discrimination, you may either file a grievance or follow the complaint procedure outlined in the OLC Policy Against Discrimination, Harassment and Mistreatment).

Why file a grievance?

File a grievance—informally or formally--to correct workplace wrongs, and to create a record of the wrong that you have experienced so OLCEU is in a position to demand changes or bargain around recurring issues.

What happens if you file a grievance?

As part of OLCEU, you have a team to assist you if you feel a member of management has violated your workplace rights. All potential grievances will be handled by the OLCEU executive committee, and discussed confidentially by that group.

In recognition of individual preference and communication styles, you may choose to speak to the representative of your choice when you have a grievance that you wish to act on. This includes your Shop Steward(s), the Grievance Chair, and/or any member of the executive committee. In addition to contacting a member of the Union, you may also request assistance from the Director of Diversity, Equity and Inclusion (DEI), a member of the DEI Steering Committee or the OLC Affinity Group if your issue involves a protected class. You can be assured that your matter will be taken seriously with the greatest care for confidentiality.

Please speak up if you are experiencing any issue that makes you uncomfortable. It is likely others are currently or have previously had similar issues. Creating and maintaining a professional, healthy and safe work environment can only occur with input from you.

Timelines are extremely important to the grievance process. Speak to your chosen representative and begin the Grievance Form as soon as you believe you have a Grievance. Times begin when a grievant knows or should reasonably have known of the problem. Refer to Article 37 for detailed information.

What are the steps in filing a grievance?

If you believe a grievance has occurred, reach out to your preferred Union Representative – your Shop Steward, the Grievance Chair, and/or any member of the executive committee. You can also reach out to the DEI Director, DEI Steering Committee or the OLC Affinity Group associated with one of the protected classes for assistance in the grievance process.

Your Union Representative will talk with you about what occurred. They may investigate the incident. They may discuss the incident with the rest of the executive committee. They will discuss with you whether they believe a grievance occurred—sometimes bad conditions do not rise to the level of violating our worker rights.

If the Union Representative believes a grievance has occurred, they will assist you in trying to resolve the issue through the informal process or the formal process—whichever you choose. Both processes require your Union Representative to fill out the Grievance Form and Record of Proceedings, which allows the Union to track your grievance so we can help you meet all deadlines in the process, and to track recurring issues.

·  The Informal Process (Article 37.1) is an option, but it is not required: you can contact your supervisor, the Deputy Director or Executive Director to discuss or write about what happened. You have the right to have a Union Representative present. None of the time limits in Article 37 begin running during an informal process until the Employee has received a written communication stating that the issues cannot or will not be resolved.

·  The Formal Process (Article 37.3 et seq.) starts with providing written notice to the Employer of the grievance, and offering to discuss the grievance with any supervisor or manager within 60 days of the incident(s) giving rise to the grievance. This is the first step of the Formal Process. If the grievance is not resolved at the first step, the Union has the exclusive right to process and make decisions about the grievance in Steps 2, 3, and 4—from written submission of the grievance to the Deputy and Executive Directors all the way to Arbitration.

We encourage you to read and review the full CBA periodically to fully understand your rights and responsibilities as a member of the Union. This explainer is not intended to replace the CBA. Rather it is intended as an overview of the grievance process. Highlighted here is information from Articles 28, 36 and 37 of the current CBA. Please also refer to the “Grievance Form and Record of Proceedings”. Below are provisions related to grievances and your worker rights that we want to highlight:

• Union members have the right to have a Union Representative present at any investigatory meeting with the employer that could lead to discipline and at any meeting where discipline is imposed. (Article 36.6.1 and 36.6.2)

• Grievances concerning unlawful discrimination or harassment based on a protected class shall have the options of submitting their grievance under Article 37 or following the complaint process outlined in the OLC Policy Against Discrimination, Harassment and Mistreatment. (Article 37.2, Article 29)

• Oral reprimands are not subject to Grievance and Arbitration even when memorialized in writing. (Article 36.2.2)

• Employee resignations that are accelerated with pay are not subject to Grievance and Arbitration. (Article 36.1)

• Employees hired for a specific period and are terminated at the end of the period are not subject to Grievance and Arbitration. (Article 36.1)

Resources on grievances from other unions: