Is Not A Four Letter Word!! Is Not A Four Letter Word!!

Grievance is Not a Four Letter Word Good Morning! Please take a few minutes before we begin today to take the Grievance Pre-Test.Please take a few minutes before we begin today to take the Grievance Pre-Test. You will find it in your packet.You will find it in your packet.

Grievance is Not a Four Letter Word Have you filed a grievance?Have you filed a grievance? –For yourself? –For others? Have you processed a grievance?Have you processed a grievance? –Informal step? –Supervisor’s level? –Superintendent? –Board hearing? Have you been at arbitrationHave you been at arbitration Used grievances for unity?Used grievances for unity?

Grievance is Not a Four Letter Word Workshop Objectives Defining grievancesDefining grievances –identify the types –  identify the purposes –  a little practice Processing grievancesProcessing grievances –improve investigative skills –researching a grievance –presentation skills –forwarding a grievance Rules and Responsibilities for Your Grievance ProgramRules and Responsibilities for Your Grievance Program

Grievance is Not a Four Letter Word Michigan’s Public Employment Relations Act (PERA) Allows bargaining of:Allows bargaining of: –Grievance procedure –Definitions –Steps in process –Binding arbitration

Grievance is Not a Four Letter Word PERA restricts employer from:PERA restricts employer from: –interfering with an individual employee’s rights –interfering with the union –discriminating against an employee who exercises his rights –discharging an employee for filing charges or giving testimony under PERA –refusing to bargain –failing to process grievances –locking out employees PERA restricts union from:PERA restricts union from: –restraining or coercing an employee’s rights –causing or attempting to cause an employer to commit a ULP –refusing to bargain –failing to represent all union employees (DFR)

Grievance is Not a Four Letter Word GRIEVANCE What does the word mean?What does the word mean? What does it cover?What does it cover? Who may file?Who may file? Examples… Examples… A grievance is a violation of the express terms and conditions of the contract.A grievance is a violation of the express terms and conditions of the contract. A grievance is a claim upon an employee’s behalf that there has been a violation or misinterpretation of any provision of the Contract.A grievance is a claim upon an employee’s behalf that there has been a violation or misinterpretation of any provision of the Contract. Any employee or group of employees or the Association believing that there has been a violation, misinterpretation or misapplication of any provision of the contract or work rule, under the provisions of the contract or any other provision of law may file a written grievance with the board.Any employee or group of employees or the Association believing that there has been a violation, misinterpretation or misapplication of any provision of the contract or work rule, under the provisions of the contract or any other provision of law may file a written grievance with the board.

Grievance is Not a Four Letter Word Categories of Violations Straight-forwardStraight-forward –clear and unquestionable Differing interpretationDiffering interpretation –disagree about meaning of contract language Factual DisputeFactual Dispute –what happened is in dispute

Grievance is Not a Four Letter Word Grievance Purposes –resolve problems –resolve disputes –interpret the contract –protect employees’ rights –expand the scope of the contract –ensure uniform treatment –establish precedent –effect change –future negotiations –effect morale

Grievance is Not a Four Letter Word Past Practice Criteria it is a major condition of employmentit is a major condition of employment both parties involved in establishing the practiceboth parties involved in establishing the practice both parties involved in administering the practiceboth parties involved in administering the practice frequency of practicefrequency of practice long-standing practicelong-standing practice specific and detailed practicespecific and detailed practice parties rely on practiceparties rely on practice

Grievance is Not a Four Letter Word Management Rights Rights of the BoardRights of the Board –maintained after negotiations –limited by state lawstate law federal lawfederal law doctrine of implied obligationsdoctrine of implied obligations

Grievance is Not a Four Letter Word Duty of Fair Representation Things to keep in mind –represent interests of all in unit –refrain form waiving, ignoring, changing things, granted by contract –settle similar grievances in a similar manner –don’t refuse to process a grievance at any level for improper or illegal reasons.

Grievance is Not a Four Letter Word Processing a Grievance InvestigateInvestigate interview grievant ask specific questions 6 W’s6 W’s –Who –What –When –Where –Why –(W) How ask clarifying questionsask clarifying questions obtain a written statementobtain a written statement restate the complaintrestate the complaint identify the remedy soughtidentify the remedy sought follow the timelinesfollow the timelines

Grievance is Not a Four Letter Word Processing a Grievance ResearchResearch –determine goal –consider management’s reasons –identify needed information –interview witnesses –identify past practice –collect documents

Grievance is Not a Four Letter Word Processing a Grievance Analyze and PrepareAnalyze and Prepare –frame the issue –fact vs. conclusion –develop arguments –write grievance –check timeliness –inform management –submit to proper person within time limits

Grievance is Not a Four Letter Word Presenting the Grievance meet with the grievant priormeet with the grievant prior represent the grievantrepresent the grievant represent the associationrepresent the association stay calmstay calm focus on factsfocus on facts command respectcommand respect take notes/keep written record of discussiontake notes/keep written record of discussion know when to DISCUSS a “settlement”know when to DISCUSS a “settlement”

Grievance is Not a Four Letter Word Forwarding a Grievance decide whether to advancedecide whether to advance verify deadlines and followverify deadlines and follow obtain signaturesobtain signatures inform grievantinform grievant

Grievance is Not a Four Letter Word Arbitration most contracts include arbitration as a final step in finding a resolution to a grievancemost contracts include arbitration as a final step in finding a resolution to a grievance binding arbitration is generally part of the resolutionbinding arbitration is generally part of the resolution some contracts have limitations for the arbitratorsome contracts have limitations for the arbitrator follow your local’s bylaws, constitution, and practice in handling arbitrationsfollow your local’s bylaws, constitution, and practice in handling arbitrations verify deadlines and notice requirements – follow them.verify deadlines and notice requirements – follow them. involve your Uniserv Directorinvolve your Uniserv Director keep the grievant informedkeep the grievant informed

Grievance is Not a Four Letter Word Reviewing Workshop Objectives Defining grievancesDefining grievances –identify the types –identify the purposes Processing GrievancesProcessing Grievances –developing investigative skills –researching a grievance –presentation skills –forwarding a grievance Thank you for coming Go forth and grieve!