Local 2627 — How to File a Grievance
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How to File a Grievance
When, how and
why to file a grievance
Your union contract provides a
mechanism for you to make sure your employer abides by
the contract. That mechanism is the grievance procedure.
When an employer violates a provision of the contract,
union members have a right to file a grievance.
When to file
a grievance
File a grievance whenever
your employer violates a provision of the contract. If
you are not sure about what the contract says on the
matter, talk it over with your shop steward. Some
examples of typical grievance issues are out-of-title
work, overtime pay, and disciplinary procedures.
Not every gripe is a
grievance�there are problems you may face that are not
covered in the contract (for instance, your boss may be
rude). Grievances are specifically about contract
violations, but sometimes are more broadly defined. But
even if your complaint doesn't meet the definition of a
grievance, it doesn't mean you can't take action�you,
your steward, other workers in your shop and the union
together can organize and pressure the employer.
On the other hand, if the
problem you are having is covered in the contract, then
you should definitely file a grievance.
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How a grievance
works
Shop stewards have copies of
grievance forms. The first step in pursuing a grievance
is to talk to your steward and fill out the form. The
grievance should contain a clear statement of the issue
and a reference to the relevant rule or contract
section.
Local 2627 members work in
mayoral and non-mayoral agencies. The grievance procedure
for each contract is a little different. However, they
all follow a general pattern that includes three or four
steps.
THE INITIAL STEP is to take the
written account of the grievance (the grievance form) to
the immediate supervisor or department head. A grievance
must be initiated within a certain number of days from
when the event occurred that is being grieved; check your
contract to make sure you know the deadlines that apply
in your case. This step involves the member, the steward
and immediate management. Management has a certain number
of days to respond to the grievance. If they do not
respond in that time frame, or if the member or the union
is not satisfied with the response at this level, the
grievance proceeds to the next step.
THE NEXT STEP or steps involves
taking the case to higher levels of management. At this
step, the staff rep usually gets involved. A hearing may
be held, and witnesses may be called. Again, there is a
specific number of days in which management must respond.
If the member or the union is not satisfied, they may
appeal the decision to the next step. Here, too, you must
act within a certain number of days.
THE FINAL STEP in a grievance
procedure is binding arbitration. Binding arbitration
means that an impartial, outside party hears the case and
makes a decision, which the employer, the worker and the
union must obey. As part of the contract, the union and
the employer have agreed in advance on individuals who
will serve as arbiters.
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Why filing a
grievance is important
Sometimes union members know
the employer is violating the contract but they are
hesitant to file a grievance because they think it's no
big deal or they don't want to get in trouble. But
contract violations are a big deal! And it's your right
to grieve them; your boss cannot retaliate against you
for filing a grievance. Whenever we let an employer
violate the contract without challenging him, we are
weakening the contract for all Local 2627 members�it
sends a message that we will not enforce the contract.
When we file grievances, we let employers know that we
take the contract seriously and we will make them take it
seriously, too. Sometimes, just knowing union members
will enforce their rights acts as a deterrent, and
management will think twice before violating the
contract.
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