Is Not A Four Letter Word!!

1. Grievance... Is Not A Four Letter Word!!

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

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

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

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

6. Grievance is Not a Four Letter Word • 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: • 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)

7. Grievance is Not a Four Letter Word GRIEVANCE • What does the word mean? • What does it cover? • Who may file? • Examples… • 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. • 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.

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

9. 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

10. Grievance is Not a Four Letter Word Past Practice Criteria • it is a major condition of employment • both parties involved in establishing the practice • both parties involved in administering the practice • frequency of practice • long-standing practice • specific and detailed practice • parties rely on practice

11. Grievance is Not a Four Letter Word Management Rights • Rights of the Board • maintained after negotiations • limited by • state law • federal law • doctrine of implied obligations

12. 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.

13. Grievance is Not a Four Letter Word Processing a Grievance • Investigate interview grievant ask specific questions • 6 W’s • Who • What • When • Where • Why • (W) How • ask clarifying questions • obtain a written statement • restate the complaint • identify the remedy sought • follow the timelines

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

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

16. Grievance is Not a Four Letter Word Presenting the Grievance • meet with the grievant prior • represent the grievant • represent the association • stay calm • focus on facts • command respect • command respect • take notes/keep written record of discussion • know when to DISCUSS a “settlement”

17. Grievance is Not a Four Letter Word Forwarding a Grievance • decide whether to advance • verify deadlines and follow • obtain signatures • inform grievant

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

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