+ What Constitutes a Grievance or Violation of Law?

In order to successfully process a grievance or charge through a government agency, the employee and Union must show that one or a combination of the following took place:

1. A violation of a provision of the labor agreement.

2. A violation of an applicable provision of the law.

3. A violation of a policy, established past practice, or regulation.

4. There is a dispute between the parties from different interpretations of the labor agreement.

+ What Is Considered In Such Matters?

Much like law, there is the factual side of the case, exactly what happened and who was involved and then there is the legal side. Did the established facts violate the contract language, law, regulation, policy, past practice?

When you launch a complaint with a Representative, he or she will open an official investigation into the matter. Be prepared to provide the following information to the Contract Administrative Representative:

• Your contact information (your name, address, working telephone number, email address).

• Your worksite (name and address) and your supervisor’s name.

• Any written documentation related to your issue. For example: written disciplinary notices issued to you, any written statement you gave management, statements from witnesses supporting your claim, insurance papers, leave slips, etc.

+ What Happens Next?

Contract Administrative Representatives are required to conduct a due diligent investigation into your complaint; therefore, your complaint will be pursued as an active investigation. During the investigation the Contract Administrative Representative may do one or all of the following:

• Conduct an interview with you (at the union office or over the telephone), take detailed notes, review documents you have and advise you of the process.

• Contact your immediate supervisor or others in management to obtain information concerning your complaint. Why? In order to prepare your case the Contract Administrative Representatives will need to know what management might be saying at the hearing or any documents they may produce.

• Examine your personnel file to review your evaluations and any disciplinary action taken against you. Why? At a hearing management can introduce an employee’s poor work record. On the other hand, a good work record may help the employee at a hearing.

• Contact coworkers who have relevant information to your complaint, or who may have given a statement to management. Why contact them? Again, if a grievance is filed such witnesses or statements can be produced at a hearing so the Union will need to know before a hearing what they have said.

• The Grievance Representative will then review contract language, regulations, policies and any applicable law to determine if a violation has taken place. At the conclusion of the investigation you will be advised of the results of the investigation and whether there appears to be grounds to file a grievance.

• If a grievance is filed, you will go to a hearing where the Grievance Representative will represent you. At this hearing the Union or management may call witnesses, introduce written documents and cross examine witnesses.