Filing a Grievance Instructions

It is important to remember that filing a grievance is only a signal to the employer that the Union is exercising their rights under Article 9 – Grievance Procedure.

The initial step of getting a grievance filed is more important than what is written on the form. In other words, the grievant or grievants we are working with will not suffer any negative circumstances if we forget to add an article, word something incorrectly or misidentify a remedy. All those things can be amended, removed and/or added during the grievance hearing(s). 

If you are questioning the timeliness of a grievance, the rule of thumb is to file the grievance anyway. Grievances can always be withdrawn but cannot be filed after the deadline. Timeliness and all subsequent timelines are the most important thing to be aware of and follow. 

There are three types of grievances that we file:

  • Discipline - This is the most common of all grievances
  • Language – Rare with a mature contract, results set precedent
  • Class Action – For language grievances if the remedy impacts multiple employees

Filling out the form

Date filed – Today’s date
Date of Violation – Date the employer took the action (on letter) or the date the contract was violated
Name of Grievant – Employee name or write “Class Action” for class action grievances
Agency – Agency where grievant(s) work
Job Classification – Official job class of grievant(s)
Location – Department or division within an agency
Contract violations – List all contract articles violated and not how they were violated. This can be either the overall article or very specific down to the section. 

  • Always list “Article 4 - Non-Discrimination” under the contract violations for any grievance to protect the grievant from any retaliation from the employer based on filing a grievance on their behalf.
  • Add the phase “Any and all articles that apply” at the end of the list – this is how we can add new Article violations should our case change and/or new information comes to light. (Form will automatically include this phrase.)

    Discipline grievance example:

            Contract Violations: Article 4 Non-Discrimination
                                              Article 8 – Discipline
                                              Any and all articles that apply

Description of Grievance/Violation – This is the who, what, when, where and why surrounding the grievance. You do not need to go into a great amount of detail (that is what the grievance hearing is for). Keep it short and succinct.

    Examples:

            Written Warning delivered 5/15/19.

           Grievant was denied her use of accrued vacation on 5/15/19.

           MN.IT Services is interpreting the compensation bank language incorrectly 
           as referenced in a 5/15/19 directive from HR.

Remedy Sought – What Employer action would it take to resolve the grievance?

  • Discipline – You want the Employer to “remove and rescind the discipline”.
  • For language/class action – You want the Employer to follow the contract, or pay the grievant, or do whatever it was they didn’t do causing the grievance to be filed.
  • After stating what will resolve the grievance, you add “in all ways make the grievant whole”. This protects the grievant in cases of discipline that would require reinstatement from termination or loss of pay in a suspension. Examples may include back pay, seniority, vacation/sick accruals etc. (The form will automatically include this phrase.)

Submit Button – This only sends a copy to MAPE and creates the form for you.  The grievance is not automatically filed by clicking on this button. You must print the grievance, or save it electronically, so you can file the grievance with the proper person.

Filing the grievance:

  • You can hand deliver, email, or fax the grievance directly to HR – they will get it to the proper individual who will hear the grievance.
  • If you are close to the 21-day timeline and the official form cannot be filled out for some reason, it is okay to email all the above information to the HR representative and follow up with the official form later.
  • If you do not hear back from the person you filed the grievance with, always keep following up. They have 10 days to attempt to schedule a grievance meeting. If you do not hear back after trying within that 10-day timeframe, consider the grievance denied and move it to the next step.
  • Follow all the timelines in Article 9 of the MAPE contract.