Transcript Level I - Basic Rep Training - National Border Patrol Council

Local 1613
Level I Union Training
Instructors:
Chris Bauder
President
Shawn Moran
Vice President
Introduction
•
This PowerPoint presentation and all references
within this presentation are available on the
Local 1613 website.
•
Just click on Rep Resources on the main page:
www.nbpc1613.org
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Introduction
• Level I Learning Objectives:
– To establish a baseline knowledge of fundamental union
operations & procedures.
– Develop consistent application standards at all stations.
– Provide necessary tools to allow Station Representatives
to confidently perform in their official Union capacity.
– Familiarize all representatives with PORAC and the Legal
Services Plan.
• Level I Training Target Audience
– All Union Representatives
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Agenda
• Define Local 1613.
• Review the organizational structure of the Union.
• Discuss Local 1613 representational role.
• Explain the authority of representatives.
• Analyze non-member representation.
• Examine the Collective Bargaining Agreement.
• Discuss Official Time.
• Provide Advice for new representatives.
• Review PORAC.
• Introduce the Legal Services Plan.
• Present basic grievance training.
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Level I
Defining Local 1613
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What is Local 1613?
• Local 1613 is an organization specializing in the
administrative labor representation (labor law) of
approximately 1,200 clients (union members). As
an organization, we further specialize in the area
of federal law enforcement as it relates to
conditions of employment (COE).
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What is Local 1613?
• Many union members commonly refer to Local 1613 as “The
Union”, as if it were a self-run, uncontrollable, external
organization.
• The fact remains, Local 1613 is far from being a self-run,
uncontrollable, external organization since every Union
member has the ability to actively participate with and
influence Local 1613 operations and decisions.
• Unfortunately, the majority of agents foolishly opt out of
volunteering to assist and/or run their organization and
instead, place blame on the 1% of agents who volunteer their
personal time keeping the organization operational.
• Without volunteers, Local 1613 would just be a bank account!
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What is Local 1613?
• Some miscellaneous information you may or
may not know about Local 1613:
– Over 1,200 members (approximately 98% of all eligible
agents).
– Lowest dues for a law enforcement organization.
– First NBPC Local to negotiate full-time Union positions.
– Only NBPC Local to have two full-time Union Officers.
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Level I
Organizational Structure
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Organizational Structure – Local 1613
Rev. 03-03-06 (C. Bauder)
Chris Bauder
President
Shawn Moran
Vice-President (South)
Ron Zermeno
Vice-President (North)
James Harlan
Vice-President (East)
Peter Maguire
Treasurer
Thane Gallagher
Secretary
Brent Buckelew
Sergeant At Arms
Curt Weatherred
LUR
Brownfield BPS
Terence Shigg
LUR
San Clemente BPS
John Haik
LUR
Boulevard BPS
Robert Curtin
LUR
Chula Vista BPS
Ron Zermeno
LUR
Temecula BPS
Daniel Mais
LUR
Campo BPS
Steven Wojcik
LUR
Imperial Beach BPS
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Christopher Bush
LUR
El Cajon BPS
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Brian Henderson
Director
Health and Safety
Christopher Bush
Director
SDC Depts. And Units
Brent Buckelew
Director
Recruiting
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Organizational Structure – National
American Federation of Labor – Congress of Industrial Organizations (AFL-CIO)
American Federation of Government Employees (AFGE)
National Border Patrol Council (NBPC)
Local 1613
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Level I
Representational Role
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Representational Role
• Our primary focus is to represent members in
significant matters and issues arising from “scope
of employment” issues:
– Use of deadly force.
– On-duty vehicle accidents.
– Unsubstantiated allegations of abuse.
– Significant on duty injuries.
– These types of matters are our primary focus because they often
need our immediate attention and are most likely to have a
significant immediate adverse impact on our members.
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Representational Role
• Our secondary focus (just as important) is to
represent members in all matters affecting
conditions of employment (COE):
– Changes in scheduling
– Seniority
– Details
– Training
– Disciplinary actions
– Pay (including overtime)
– These types of matters typically allow for a longer
response time and usually do not have an immediate
adverse impact on our members.
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“Umbrella Actions”
• San Diego Trolley Incident
– Authorized filing of civil lawsuit (on behalf of member)
against La Raza instigators.
• PWP/ First Amendment Rights
– Filed lawsuit against first and second liners.
• Mandatory Medical Testing
– Filed lawsuit to stop testing (only local in the country to
stop the testing).
• Chula Vista BPS “Agent Line Up”
– Initiated legal action to ensure that it would never happen
again.
– Authorized civil lawsuits on behalf of affected members.
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Level I
Authority of Representatives
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Authority of Representatives
• Only Certified Representatives May Represent
the Union
• Station Representatives:
– Recommended by the Lead Union Reps in consultation with the
Executive Board;
– Represent members in grievances;
– Advance and communicate policies set forth by the Executive
Board;
– Recommend but not negotiate local station policies;
– Serve at the direction of the LUR;
– Report activities to the LUR; and
– Serve at the discretion of the Executive Board.
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Authority of Representatives
• Lead Union Representatives:
– Selected by the Executive Board;
– Represent the station “as a whole” in consultation with the
Executive Board;
– Initiate negotiations on local station policies only when delegated
by the President of Local 1613;
– Coordinate all representational activities at the station;
– Support and execute the policies set forth by the NBPC and the
Local 1613 Executive Board;
– Communicate directly with their respective Vice President; and
– Serve at the discretion of the Executive Board.
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Authority of Representatives
• Executive Board:
– Elected to office
• Unless a vacancy is created then an active representative may be
appointed to fill that vacancy;
– Serve 2 year terms;
– Provide executive oversight;
– Set forth policies;
– Negotiate conditions of employment;
– May file local or union initiated grievances and unfair labor
practice complaints; and
– Support the activities of representatives.
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Level I
Non-Member Representation
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Non-Member Representation
Definitions
• Bargaining Unit
– Those employees or groups of employees who are eligible for membership in
the union.
• In the Border Patrol it is basically all employees GS-11 and below. (Some GS-12
non-supervisory positions are currently in dispute).
• Union Member
– A member of the bargaining unit who has joined the union and is paying dues.
• Non-Member
– A member of the bargaining unit who although eligible, has elected to not join
the Union and is not paying dues.
• Duty of Fair Representation (DFR)
– A labor organization which has been accorded exclusive recognition is the
exclusive representative of the employees in the unit it represents and is
entitled to act for, and negotiate collective bargaining agreements covering, all
employees in the unit. An exclusive representative is responsible for
representing the interests of all employees in the unit it represents without
discrimination and without regard to labor organization membership – 5 USC §
7114 (a)(1).
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Non-Member Representation
• What is a DFR complaint?
– A DFR (Duty of Fair Representation Complaint) is an
allegation that the Union has failed to provide representation
in accordance with the FSLMRS (Federal Services Labor
Management Relations Statute) 5 USC § 7114 (a)(1):
• Complaints are filed with the FLRA (Federal Labor Relations
Authority).
• Complaints normally originate with a non-members allegation
that the Union treated them differently than a dues paying
member was treated.
– Only applies in very specific circumstances.
• Complaints are filed against the Union not the Union’s
representative.
– Representatives of the union are protected against liability.
• Complaints are normally addressed by the local President.
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Refer all questions regarding DFR
issues to
Chris Bauder or Shawn Moran.
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Level I
The Collective Bargaining
Agreement
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The Collective Bargaining Agreement
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The Collective Bargaining Agreement
• Contrary to what certain agency officials believe, the CBA
is in effect until a new CBA is negotiated.
• You should read the Collective Bargaining Agreement and
carry a copy with you to all meetings.
• The Collective Bargaining Agreement is the first place you
should check if you think you have a violation.
• Do not be misled by those who steer you away from the
CBA or who claim a policy supersedes the CBA.
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The Collective Bargaining Agreement
• Article 2:
A. In the administration of all matters covered by this
Agreement, the parties are governed by existing or future
laws; and government-wide rules or regulations in effect
upon the effective date of this Agreement. In the
administration of the Agreement, should any conflict arise
between the terms of this Agreement and any present or
future laws, provisions of such laws shall supersede
conflicting provisions of this Agreement.
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The Collective Bargaining Agreement
• Article 2:
B. Should any conflict arise in the administration of this
Agreement between the terms of this Agreement and any
government-wide or agency rule or regulation such as the
Federal Personnel Manual or Department of Justice
Orders, Policy Letters, Manuals (other than rule or
regulation implementing 5 USC 2302), issued after the
effective date of this Agreement, the terms of this
Agreement WILL SUPERSEDE and govern.
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The Collective Bargaining Agreement
• Article 2:
C. In any conflict between the terms of this Agreement and
any provisions of Service Orders, Policy Letters, Manuals,
etc., regardless of date of issuance, the terms of the
Agreement will govern.
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The Collective Bargaining Agreement
• Article 1 – Recognition
– The Service recognizes the American Federation of Government
Employees (National Border Patrol Council) as the bargaining
agent for all Border Patrol Personnel of the Immigration and
Naturalization Service assigned to Border Patrol Sectors except
professionals and those excluded from coverage by the Civil
Service Reform Act.
• This Article gives you the authority to represent members.
• This Article prevents the Agency from negotiating new policies with
bargaining unit employees selected by agency officials.
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The Collective Bargaining Agreement
• Article 3A – Impact Bargaining
A. The parties recognize that from time to time during the life of the
agreement, the need will arise requiring the change of existing
Service regulations covering personnel policies, practices, and/or
working conditions not covered by this agreement. The Service
shall present the changes it wishes to make to existing rules,
regulations and existing practices to the Union. The Union will
present its views and concerns…
• As per a settlement agreement, all 3A Notices shall be mailed to the
President of Local 1613.
– Only the President may override the provisions of this agreement.
• The Union only has 10 calendar days to respond to proposed
changes!
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The Collective Bargaining Agreement
• Article 4 – Rights and Obligations
E. Employees shall have and shall be protected in the exercise of the
right, freely and without fear of penalty or reprisal, to form, join,
and assist the affiliated locals of this Union…
I. The Union shall be given the opportunity to be represented at any
formal discussion between one or more management
representatives and one or more bargaining unit employees
concerning any grievance or personnel policy or practice or
conditions of employment.
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The Collective Bargaining Agreement
• Article 14 – Leave
A. Annual Leave is a right of the employee and not a privilege.
Consistent with the needs of the Service, annual leave which is
requested in advance will be approved.
D. When it is impractical to grant all requests for a/l for a given
period, the supervisor shall give consideration to the following:
• Amount of leave to employee’s credit.
• Seniority (INS Time).
• Whether employees have children of school age and cannot benefit
from vacations taken when their children are in school.
• Whether employee was able to take leave at desired time during
previous scheduling period.
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The Collective Bargaining Agreement
• Article 14 – Leave (cont.)
H. For sick leave periods of not more than three consecutive
workdays, the employee shall not be required to submit Form SF71, unless there is reasonable evidence of abuse. Sick leave in
excess of three days shall be reported on SF-71, including a
medical certificate or a statement of the nature of the illness and
why a medical certificate is not furnished.
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The Collective Bargaining Agreement
• Article 17 – Safety and Health
A. The Service agrees to provide a safe and healthful working
conditions, taking into account the mission of the Service and the
inherent hazards of the job performed.
D. In the course of performing their normally assigned work,
employees will be alert to observe unsafe practices and
conditions. If an unsafe condition is observed, the employee shall
report it in writing to a member of the Union-Management Safety
and Health Committee.
• Representatives shall report unsafe practices and conditions to Brian
Henderson, the Union’s Health and Safety Officer.
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The Collective Bargaining Agreement
•
Article 17 – Safety and Health
F. Service policy prohibits the use of vehicles not in safe operating
condition. Negligence in reporting vehicle damages may be
grounds for disciplinary action being taken against the
responsible operator.
G. When an employee believes he or she is being required to work
under conditions which are unsafe or unhealthy beyond normal
hazards inherent in the operation in question, he or she shall
refer the matter to his or her supervisor. The supervisor will
make an evaluation of the working condition, and direct that the
work either be continued or stopped.
•
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Most grievances filed by union representatives will fall under this
section of Article 17. More than likely, all other sections will be
addressed by Brian Henderson when a H&S complaint is filed.
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The Collective Bargaining Agreement
• Article 21 – Personnel Files
A. No derogatory material of any nature which might reflect
adversely upon the employee’s character or Service career will be
placed in his or her Official Personnel File (OPF) or Employee
Performance File (EPF) without his or her knowledge.
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The Collective Bargaining Agreement
• Article 28 – Tours of Duty
B. Assignment to tours of duty shall be posted five days in advance in
the appropriate work area covering at least a two week period.
C. Except in an emergency, the Agency agrees to schedule eight (8)
hours between changes in shifts, and when practical will schedule
more time between shifts.
D. The Service agrees that it will attempt to assign consecutive days
off duty consistent with the Service’s mission.
G. When practical, an employee shall be given at least 24 hours
advance notice of individual shift changes.
I. Where mutually agreeable to all employees affected, and approved
by the supervisor, employees may trade shifts out of the normal
rotation. The supervisor will not unreasonably withhold approval of
a request to trade shifts.
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The Collective Bargaining Agreement
• Article 31 – Formal Meetings and Investigative
Interviews
A. The Union shall be given the opportunity to be represented at any
formal discussion between one or more representatives of the
Service and one or more employees in the unit or their
representatives concerning any grievance or any personnel policy
or practices or other general conditions of employment.
B. (1) The Service will provide the Union the opportunity to be
represented at any examination of an employee in the unit by a
representative of the Service if:
• The employee reasonably believes that the examination may result in
disciplinary action against the employee; AND
• The employee requests representation.
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Level I
Official Time
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Official Time
• Official time is “on the clock time” that is used to perform
representational duties.
• Misuse of official time is fraud and may subject you to
criminal and or administrative action.
• Local 1613 takes all allegations of misuse of official time
very seriously and will fully cooperate with any
subsequent investigations.
• Article 7 of the CBA covers the use of Official Time.
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Official Time
•
Article 7 A, 4: Union officers and stewards will be authorized official time
for all matters relating to the administration of this Agreement and labor
management relations matters, such as --
a)
investigation, preparation, and representation in regard to discrimination
complaints and appeals; informal employee or labor-management complaints;
unfair labor practice complaints; grievances/arbitrations and statutory appeals.
b)
preparation and representation of the Union in labor-management meetings.
c)
representation at adjustment of grievances, adverse action and EEO matters that
affect bargaining unit members.
d)
attendance at committee meetings as the designated Union representative's.
e)
review of and response to memoranda, letters, and requests from the Employer,
as well as review and dissemination of instructions, manuals, and notices which
affect personnel policies, practices, or working conditions.
f)
preparation for labor-management meetings.
g)
serving as technical advisor or assistant employee representative in hearings.
h)
attending hearings or meetings in the capacity of an observer where bargaining
unit employees have elected to pursue a grievance without Union representation.
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Official Time
Governing Authorities
• Article 7
– “Reasonable time” will be permitted
• Article 33 D.
– 2 hours for Step I
– 6 hours for Step II and Step III
• FLRA Guidance Memorandum
• FLRA Case Law
• Arbitration Case Law
• Agency Regulations
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Official Time
Requesting Time
• File a G-955 with your first line supervisor as
soon as practical:
– In accordance with Article 7 A, 5 (a), (b), and (c);
– Make sure the form is complete;
– Keep a copy; and
– File a copy with your T&A.
• There is no requirement or provision to seek approval
from anyone other than your first line supervisor.
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U. S. Department of Justice
I m mi gr a t i o n a nd N a t u r a l i za t i o n S e r v ic e
Border Patrol Request for Official Time for Union Business
1. Name of Supervisor
2. Union Official (Name, Title, Duty Station)
Your Name, Your Union Title, Your station
Name of your first-line SBPA
Pursuant to Article 7A - Official time is requested as follows:
3. Date/Time of Request
4. Date(s) Requested
Date/time you
Date/Time you will
submit 955 to SBPA perform 955 time
7. Updated Phone #
Your Phone #
5. Total # of Hours Expected
Reasonable time
List applicable:
needed (i.e. 4 hrs) Article 7 A 4. (a) – (h)
8. Duty Location of Employee (s) being represented (Name/Title if Formal action has been initiated )
SCM (No Formal Action)
9. Endorsement by Supervisor
10. Date/Time
SBPA Signs Here
SBPA Date/Time
12. To the best of my knowledge this time will be/was used in accordance with Article 7A
of the CBA.
(Signature of Union Official)
14. Final Endorsement as recorded on Time & Attendance Report:
16. Date(s)
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11. (Cross out one) Approved/Denied
If denied explain below
Must be completed
13. Date/Time
Date/Time you sign the
955
You sign here
18. Remarks (Explain denial etc.)
6. Activity Performed
15. Charge to Activity Code (s)
17. Total hours used
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List any additional notes here, if necessary
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Official Time
• If Your Request is Denied:
– Make sure the denial is noted on the form and that a
reason is provided (as required on the form).
– Attempt to talk to your supervisor but do not argue.
– Contact your LSR or Executive Officer to review your
request.
– If warranted, re-file your request using appropriate
language or adjust hours pursuant to the contract (see
Article 7) and the grievance procedure (see Article 33).
– If all informal attempts fail to resolve the problem, contact
an executive officer in order to file an Unfair Labor
Practice.
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Official Time
• Official time cannot be used for internal union
business purposes:
– Accounting
– DOL Reporting (debatable)
– Campaigning
– Membership Solicitation
– Attending Conventions
– Training
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Level I
Advice for New Representatives
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Advice for New Representatives
• Never meet with management alone.
• Always communicate with members, but do not BS them.
They will look to you for answers.
• Never act on behalf of the union without proper delegation
of authority.
• Do not be afraid to request official time.
• Do not hesitate to call the President or Vice President if
you have a question.
• Always use official letterhead for union business.
• Always avoid the appearance of impropriety.
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Advice for New Representatives
• Never lie or intentionally mislead or tell a union member to
lie or intentionally mislead.
• Always act in a professional manner.
• Seek assistance when in doubt.
• Do not act in anger.
• Keep copies of all correspondence that you generate.
• If management asks you for your agreement on
something, tell them, “I will have to run this by the
Executive Board” and call Chris Bauder or Shawn Moran.
• Do not make promises you cannot keep!
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Level I
PORAC
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PORAC
• Local 1613 participates in Plan II of the Peace Officers
Research Association of California (PORAC):
– A Participant whose Member Association has chosen Benefit Plan II
shall be entitled to the following services:
(a)
Legal representation in any civil or criminal action brought
against him or her arising from any act or omission of the Participant
within the scope of his or her employment, including civil or criminal
action brought as a result of the Participant's involvement in
Concerted Labor Activity, subject to the conditions set forth in
Section 9 of this Article.
(b)
All customary, necessary, and reasonable services related
to an action described in subsection (a) hereof, including where it
appears reasonably probable that such an action will be
commenced.
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PORAC
PORAC phone number:
1-888-556-5631
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Level I
Legal Services Plan (LSP)
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Legal Services Plan (LSP)
• Covers Representation during administrative appeal of
MAJOR disciplinary matters.
– Major disciplinary matters are those arising within the course and
scope of the member’s employment.
• Determinations regarding whether a member acted within the course
and scope of employment or is eligible for coverage under the LSP
shall be made by the LSP Committee.
• The LSP Committee is comprised of the NBPC Local Presidents in
San Diego, El Centro, Yuma, and Tucson, and the NBPC Southwest
Region Vice President.
– In all matters under the LSP, coverage only applies to those
matters where the underlying incident occurred AFTER the
member became a dues-paying member.
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Legal Services Plan (LSP)
• MAJOR disciplinary matters include:
– Suspensions of one (1) day or more without pay
– Demotions
– Terminations
– Interrogations, where the member is the subject of alleged
misconduct
– Loudermill hearings
– Internal agency appeal hearings
– Arbitration hearings
– Appeals before the Merit Systems Protection Board
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Legal Services Plan (LSP)
• Representation following “Major Incidents”
– When such coverage is not already provided by PORAC or
another available legal defense fund or insurance carrier.
– Examples include:
• On-duty agent involved shootings
• On-duty incidents which result in death or serious injury
• Other on-duty matters which result in a response by FBI, OIG, OIA,
OPR, Sector Evidence Team, Sector Critical Incident Investigations
Team, or local law enforcement agency investigators.
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Legal Services Plan (LSP)
• Representation of Union Officers
– Attorneys will represent NBPC representatives when acts or
omissions suggest officials or representatives are exposed to or
suffer retaliation on the basis of their affiliation with or their
activities on behalf of NBPC Local 1613.
• Personal matters are not covered by the LSP!
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Legal Services Plan (LSP)
• When an employee receives a disciplinary proposal:
– Remind the employee of the ten (10) day timeline for responding to
the proposal.
– Ask the employee if he/she is a Union member.
– If the employee is a Union member, instruct the employee to do the
following asap:
• Complete a fax cover sheet with the following information:
– Name
– Home/mobile phone numbers
– Current assigned shift hours
– Date proposal was received
• Fax the proposal and cover sheet to 800-620-1613
• Once received, Union membership will be verified and if a Union
member, the fax will be emailed to the attorneys.
• The attorneys will contact the member for representation.
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Level I
Basic Grievance Handling
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Basic Grievance Handling
• What is a Grievance?
– When an employee (or the union) feels the labor agreement--or,
in many cases, a law or regulation--has not been interpreted or
applied correctly in dealing with a workplace situation, he/she can
file a grievance under the negotiated grievance procedure (NGP)
contained in the CBA.
– In most cases, grievances must be presented first to the
grievant's immediate supervisor. If not resolved at that level, it
may be presented to several additional levels of management.
Ultimately, if it is still not resolved, it may be taken before a
neutral arbitrator for a binding decision.
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Basic Grievance Handling
• “Pure Grievance”
– A “pure” grievance is a grievance which alleges
a violation of one of the provisions of the
contract (broad scope), as opposed to a
grievance filed on behalf of an employee against
whom disciplinary or adverse action has been
taken.
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Grievances protect the terms and
conditions of ……..
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Which protects ……..
Our members
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Basic Grievance Handling
Grievances can be filed on any issue
concerning Conditions of Employment
(COE):
Collateral Assignments
Training
PWP’s
Equipment -ORLight Duty
Breaks
Anything Not Specifically Excluded
Work Assignments
by the Contract Days Off
Details
Official Time Requests
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Shift Assignments
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Basic Grievance Handling
Management reserves certain rights under
5 USC § 7106:
Fire
Budget
Internal Security Practices
-BUTImpact and Implementation are
Assign Work always negotiable
Hire
Promotions
Mission
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Basic Grievance Handling
Two important aspects of grievances:
1. Timeliness!
•
Grievance’s MUST be filed within 30 days of the incident/event
OR 30 days from the date which the grievant/Union became
aware that a violation occurred.
•
Successive grievance steps must be filed within contractually
required timelines (see chart).
2. Validity!
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•
We do not file frivolous grievances.
•
Do your research!
•
Investigate the matter fully.
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Basic Grievance Handling
Timeliness
STEP Time Frame
To
Required
I
30 Calendar Days
SBPA
Oral Grievance
5 Work Days
II
15 Calendar Days
CPA
Written
20 Calendar
Days
III
15 Calendar Days
HQ
Written
30 Calendar
Days
Arb
15 Calendar Days
HQ
(LMR)
Written
R-43
Calendaring
may take up to
6 months
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(Add 5 days if Service is by
mail)
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Response
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Basic Grievance Handling
Process Timeline
Step I
35 Days
Step II
Communicate
with the
member
70 Days
Step III
115 Days
Arbitration
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Up To
6 Months
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Basic Grievance Handling
Step I Procedures
• Initial investigation:
– Interview union member:
• Determine start date for timeline.
• Determine witnesses if applicable.
– Gather & Review documents:
• T&A’s, I-50’s, 481’s, PWP’s, photos, videotapes, dispatch
tapes, etc…
– Interview witnesses (if any).
– File 7114 Request (Discovery) if necessary.
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Basic Grievance Handling
Step I Procedures (cont’d)
• Review the CBA and negotiated policies (DMT,
Seniority, etc.) to determine if a grievance exists.
• Determine remedies:
– Remedies are intended to make the grievant “whole”.
– There are no punitive remedies in the grievance process (except
for “posting requests”).
• File Step I:
– Written or verbal.
– With first line SBPA (normally).
– If verbal, keep detailed notes.
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Basic Grievance Handling
Step II Procedures
• If no response/unacceptable response
from Step I.
• File Step II:
– Mail written to CPA.
• Always use certified mail or personal delivery.
• If personal delivery, bring two copies to have your
copy stamped by the secretary in the front.
– Copy should also be provided to the LSR.
– Keep track of timeframes!
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Basic Grievance Handling
Step III Procedures
• If no response/unacceptable response
from Step II.
• File Step III:
– Mail written to Office of Border Patrol (OBP).
– Always use certified mail.
– Keep track of timeframes!
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Basic Grievance Handling
Arbitration
• If no response/unacceptable response from
OBP, the union can invoke binding arbitration
– Arbitration must be invoked within 15 days from the
date the decision was received.
• If decision is mailed, 5 additional calendar days are allowed.
– In cases involving suspensions of less than fifteen
(15) days, or adverse actions, arbitration requests
must be filed after receipt of the Notice of Decision,
but not later than thirty (30) calendar days after the
effective date of action.
– Only the Executive Board can invoke arbitration.
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Basic Grievance Handling
Arbitration Requests
• How to request arbitration:
– Request private appointment with Executive Board to
present case.
– Must present case before Executive Board NLT 10
days before deadline (for R-43).
– Arbitration request packet should include:
• Copies of all paperwork including grievances, responses,
exhibits, notes, etc..
• Include current contact information.
• Try to have at least 4 complete packets for e-board.
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Basic Grievance Handling
Arbitration Requests
PLEASE REMEMBER TO ADD A
SEPERATE SUPPLEMENTAL
INFORMATION SHEET
Contact information for everyone involved:
• Representative
• Member
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Basic Grievance Handling
Writing the Grievance
• Basic grievance outline:
– Cover letter/ introduction:
• Summarize the results of any previous step.
• Set forth reason for dissatisfaction with previous results.
– Statement of the Case:
• Describe the event/ issue that gave rise to the grievance:
– Names, dates, times, etc…
• Articulate the violation of the CBA:
– Cite articles violated
– How was it violated
•
•
•
•
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Describe past practices if applicable.
Provide supporting case law and/or arbitration decisions.
Conclusions.
List remedies.
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Basic Grievance Handling
Writing the Grievance
• Things to remember when writing the grievance
– Frame your case carefully!
• This is the argument that will be made in front of an
arbitrator
– Document structure
• Chronological order
• Factually correct
• Relevant Citations
– Exhibits
• Properly numbered and cross referenced
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The Internet
• Local 1613 Official Website: www.nbpc1613.org
• Local 1613 also operates a message board, but this should
not be your source for information, nor should it be your
means of communicating with the Executive Board or
members.
• Local 1613 also hosts and administers the NBPC
Southwestern Region WebOffice.
– This tool is designed to help the representatives and serve as a
means for keeping representatives apprised of issues, grievances,
3A Notices, etc.
• NBPC Official Website: www.nbpc.net
– Sign up as a member with the NBPC website.
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Union Meetings
• Union Meetings are held the second (2nd) Tuesday
of the month in National City (check the website).
• General Membership Meetings start at 6:00 pm.
• The Executive Board meets at 4:00 pm.
• Representatives are invited to the Executive Board
meeting at 5:00 pm to discuss station issues and
to receive updates.
• Representatives should make every attempt to
attend at least four (4) meetings per year.
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Thank you for your time and
interest.
Questions?
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