Transcript 2013 Fall IEA HE Conf Grievance Processing

An Introduction to
Grievance Processing
Presenters:
LuAnn Swartzlander, Roosevelt Adjunct Faculty Organization, IEA-NEA
Betsy Pawlicki, Associate General Counsel, IEA-NEA
IEA Higher Education Conference
Saturday, October 5, 2013
9:30 – 10:30 am
Elk Grove Village, IL
Today’s Task
An overview of grievance processing including:
• The Anatomy of a Grievance
• Investigating the Grievance
• Developing a Theory
• Drafting the Grievance
• Presenting the Grievance
The Anatomy of a
Grievance
Grievance Procedure
The Illinois Educational Labor Relations Act (IELRA) requires that all
collective bargaining agreements for educational employees contain a
grievance procedure that ends in binding arbitration.
The National Labor Relations Act (NLRA) does not contain a similar
mandate, but most collective bargaining agreements under this Act
contain a grievance procedure that ends in binding arbitration.
Purpose of the Grievance Procedure
Way to solve problems:
• Compels management to listen to us in forum in which
we are equals.
• Formal process that allows us to educate management
about what’s going in the work place.
• Puts the onus on management to justify its actions.
• Legally, it is our mechanism to enforce the contract.
•Process for establishing how the contract will be
interpreted by both the union and the employer.
•Way to ensure equal treatment for all bargaining unit
members.
• Requires that administration treat all members of the
bargaining unit in a fair and equitable manner.
• Holds the union and our membership accountable, too.
The Association’s Grievance Policy
• The local’s Bylaws typically establish a Grievance Committee and
define duties and obligations.
• The local should have policy on how grievances are filed and
processes that address:
Role of Grievance Representative
Role of Grievance Committee
Role of Executive Committee/Senate
An appeal process
• Decisions of whether to process to the next step of the
process, including arbitration, should be well documented.
• Decision to go to arbitration is typically made by the
Executive Committee or Senate of the Local.
• Union has an obligation to investigate alleged violations of
the contract and to file a grievance if there is a violation.
• Union has no obligation to file grievance to pursue grievances
that are without merit.
How does your contract:
• define a grievance,
• identify who may file a grievance,
o
o
o
Individual employee
Group of employees
The Association
• set time limits for initiating a
grievance (informal v. formal step),
• identify specific information that
must be included in the grievance
report?
Every grievance
begins and ends
with YOUR
contract!
Members must :
• become the experts on
their contract, and
• work as hard to enforce
the contract as they did
to bargain it!
6.1 Grievance Definition
A complaint by (1) an adjunct employee; or (2) a group of
adjunct employees; or (3) the HCAFA, that there has been a
violation, misinterpretation or misapplication of any provision of
this Agreement.
• 2012-16 Harper College Adjunct Faculty Association, IEA-NEA
A “grievance" is a dispute or difference of opinion raised during the term of this Agreement by an
assistant(s), or by the Union on behalf of an assistant(s) who has authorized the filing of such
grievance in writing, against the University involving an alleged violation of one or more
provision(s) set forth in this Agreement as to such assistant(s). In addition, a "grievance" is a
dispute or difference of opinion raised during the term of this Agreement by the Union against the
University, involving an alleged violation of one or more provisions in this Agreement concerning
specific Union rights under this Agreement (e.g., dues deduction, Union use of University
equipment, facilities or supplies, Union access and receipt of information, etc.). The Union may
also file a grievance against the University on behalf of a class of similarly situated assistants who
have authorized the filing in writing and who have a grievance involving facts in common and
alleging a violation of the same provision or provisions of this Agreement.
• 2010-14 SIU Graduate Assistants United, IEA-NEA
Miscellaneous Provisions
• Bypass of steps
• Class/Association grievance
• No reprisals
• Withdrawing a grievance
• Grievance settlements
• Timeline violations
• Grievance meetings
Release time
Who can attend/must attend
Time Limits
• Initial filing
• Management’s response
• Union’s forwarding the grievance to the next step
• Requesting arbitration
Extending Timelines
• Many contracts contain a provision for extending
timelines.
• Extensions of timelines should always be in writing.
Steps/Levels
• Informal Step
• Dean/Department Chair
• President/Provost/Chancellor
• Board of Trustees
• Arbitration
Every grievance
begins and ends
with YOUR contract!
Investigating the
Grievance
• Who? (was involved; who were
the witnesses)
• What? (what, exactly, happened)
• Where? (did the event occur)
• When? (did it happen, or should
it have happened)
• Why? (did it happen; is this a
grievance)
and,
• What would an appropriate
remedy be?
WHAT
HAPPENED?
The 5 Ws
(and a R)
Examples of Evidence
• Witness Testimony
• The Paper Trail
o Employee records (time sheets, disciplinary notices,
reports, evaluations, lesson plans, personnel file)
o Copies of written and electronic correspondence
relating to the issue
Interviewing Witnesses
• Talk to all witnesses/involved parties.
Best practice: individual interviews
• Make sure you get all points of view.
• This might include the grievant, administrators, and other
staff.
• Who else might you talk to as part of your investigation?
Interview tips:
LISTEN ACTIVELY
• Don’t talk; don’t interrupt.
• Pay attention.
• Show the witness that you hear her/him.
• Give the witness feedback.
• Don’t judge what you hear.
Requesting Information From Your
Employer
The Illinois Educational Labor Relations Act (IELRA) and the
National Labor Relations Act (NLRA) require employers to furnish
relevant information requested by the exclusive representative.
If working with a public employer, an information request under
the Freedom of Information Act (FOIA) is another option.
•Put your request in writing.
•Follow up in writing if the request was initially made
verbally or informally.
•Stick with whatever format the Union has used in the
past.
•Make sure you include the date!
Developing a Theory
1. Identify the issue.
2. Determine the source(s) of your
claimed rights.
3. What are the elements to show
the right was violated?
4. Apply the facts to the elements.
5. Form a conclusion.
Five Steps
to a Theory
Five Steps to a Theory
1. Identify the issue(s) in the case
• Whose issue is it?
• Why is it an issue?
FALL 2013 IEA HE CONFERENCE: GRIEVANCE PROCESSING
Five Steps to a Theory
2. The possible source(s) of your right to grieve
• Labor agreement/contract
Review standards for interpretation
• Past practice
• Statutory rights
• Board policy
FALL 2013 IEA HE CONFERENCE: GRIEVANCE PROCESSING
Five Steps to a Theory
3. Elements to be proven
• What do you need to show that the contract was violated?
• Example:
FALL 2013 IEA HE CONFERENCE: GRIEVANCE PROCESSING
Five Steps to a Theory
4. Apply the Facts
• What facts do you have to establish each element
• How do you prove each fact?
• Example:
FALL 2013 IEA HE CONFERENCE: GRIEVANCE PROCESSING
Five Steps to a Theory
5. Conclusion
• What can you prove?
• What harm was there?
• What remedy can you get?
• Example:
FALL 2013 IEA HE CONFERENCE: GRIEVANCE PROCESSING
Drafting the Grievance
Most contracts specify exactly what
needs to be in a grievance:
• Timely filing.
• Required content.
Some specify that a particular form
has to be used.
Some require the formal grievance
to be signed by the grievant.
Do everything
the contract
requires!
Writing the Grievance - Samples
Second Best Local Education Association, IEA-NEA
July 27, 2013
Re: John Doe Grievance
Dear _______:
Please consider this letter a written grievance as required by
Article/Section ___ of our labor agreement.
On or about _<insert date>_ the District and/or Board violated
Article(s)/Section(s) __________________ and all other applicable
sections of our labor contract when it
__________________________________________________________
________________________________________________.
As a remedy, we demand that the District remedy the grievance as
follows: ________________________________
_____________________________________________________ and
provide such other relief as may be deemed appropriate.
Sincerely,
Signature
Title
Grievance Form
Includes:
• Name of affected party/parties
• Specific violation(s) of contract (Article, rule, policy)
• Other contractual requirements
• Remedy requested
• Signature, title and date
Grievance Tracking
• Once you file a grievance, keep track of it!
• Use a grievance tracking form for each grievance.
• Mark on your calendar when it needs to be sent
forward.
Presenting the
Grievance
Know the parties:
• Who will be present for the
Association?
Grievant, representative,
witness, others?
Roles: Speaker, note taking,
observer, etc.
• Who will be present for the
Administration?
• Where and When?
One size
DOES NOT fit all!
Presenting the Grievance
Prepare the Grievant
• What to expect?
• What will the roles be?
• How to behave?
• Can the issue be settled?
Presenting the Grievance
Step 1
• Present your facts
Witnesses? Documents? Questions for administration?
• Present your theory
Why do these facts show a contract violation?
• What remedy do you want?
• You may be unable to later add facts, theories, and
remedies you don’t present now.
• Do you offer a settlement?
Presenting the Grievance
Next Steps
• Review the grievance answer.
• Discuss it with the grievant.
• Do you and the grievant want to take it to the next
step?
• Do you need to rebut points raised in the answer?
• Check and meet all timelines.
Presenting the Grievance
Next Steps
• File the request to go to the next step
o Determine whether to simply request it go to the next step or
file a more detailed explanation.
o Determine the parties.
o Is further investigation needed?
o Who will present what?
o Can you negotiate a settlement with lower or higher
administration?