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Download the Grievance Guide - OCSEA

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Step 3 Discharge <strong>Grievance</strong>s<br />

<strong>Grievance</strong>s involving <strong>the</strong> discharge (removal) of an employee are filed directly at Step 3. The<br />

grievance must be filed within 14 calendar days of <strong>the</strong> NOTIFICATION to <strong>the</strong> employee of <strong>the</strong><br />

discharge (not <strong>the</strong> date <strong>the</strong> action took place). AT THE TIME YOU FILE THE GRIEVANCE AT<br />

STEP 3 WITH THE AGENCY, IT IS VERY IMPORTANT, BASED ON THE CURRENT<br />

CONTRACT LANGUAGE THAT YOU FORWARD A COPY OF THE GRIEVANCE<br />

FORM NOT ONLY TO THE STAFF REPRESENTATIVE BUT ALSO TO THE <strong>OCSEA</strong><br />

OFFICE OF GENERAL COUNSEL. The agency will conduct a Step 3 meeting AND render a<br />

Step 3 response within sixty (60) calendar days. Once <strong>the</strong> Step 3 response is received or due date has<br />

passed without resolution of <strong>the</strong> grievance, it is important that you complete <strong>the</strong> Appeal and<br />

Preparation Sheet. A legible copy of <strong>the</strong> grievance form should accompany <strong>the</strong> step 3 response. It is<br />

very important that you send a copy of <strong>the</strong> grievance form with <strong>the</strong> Appeal and Preparation Sheet. If<br />

<strong>the</strong> grievance is not resolved at Step 3, a mediation hearing will be scheduled within sixty days of <strong>the</strong><br />

due date of <strong>the</strong> Step 3 response.<br />

Step 3 Contract Interpretation <strong>Grievance</strong>s<br />

(Non-Discipline)<br />

The Contract requires that <strong>the</strong> agency head or designee shall give his/her written response and<br />

return a legible copy of <strong>the</strong> grievance form within thirty-five (35) days following <strong>the</strong> meeting. A copy<br />

should be sent to <strong>the</strong> grievant and one representative designated by <strong>the</strong> chapter. If <strong>the</strong> written response<br />

is not received on time <strong>the</strong> steward should appeal <strong>the</strong> grievance to Step 4 and should also note in <strong>the</strong><br />

appeal that timely written response was not received.<br />

Use of <strong>the</strong> Appeal and Preparation Sheet<br />

All grievances appealed to Step 4 should be accompanied by <strong>the</strong> Appeal and Preparation Sheet. The<br />

top of <strong>the</strong> first page of <strong>the</strong> Appeal and Preparation Sheet acts as a form letter to <strong>the</strong> Office of<br />

Collective Bargaining.<br />

It is essential that this form be completed and sent as soon as <strong>the</strong> Step 3 answer is received, or<br />

when it was due, whichever comes first. This form identifies information about <strong>the</strong> grievance and<br />

identifies important facts about <strong>the</strong> dispute. The Appeal and Preparation Sheet (1) simplifies <strong>the</strong><br />

coordination of information between <strong>the</strong> chapter and <strong>the</strong> staff representative, (2) assists in developing a<br />

proper chapter file on each grievance and (3) permits <strong>the</strong> Union to accurately track <strong>the</strong> name, type and<br />

location of grievances.<br />

When completing <strong>the</strong> Appeal and Preparation Sheet, <strong>the</strong> Chapter should observe <strong>the</strong> following:<br />

• Follow <strong>the</strong> directions on <strong>the</strong> sheet. Your staff representative can assist you if you have any<br />

questions. It is essential that <strong>the</strong> staff representative and <strong>the</strong> Office of General Counsel receive <strong>the</strong>ir<br />

respective copies at <strong>the</strong> same time. ALWAYS ATTACH A COPY OF THE GRIEVANCE<br />

FORM AND THE STEP 3 RESPONSE.<br />

• If a Step 3 meeting was not held or a timely Step 3 response was not received, a specific statement<br />

should be attached to <strong>the</strong> appeal that calls attention to this fact. IF specific procedural objections<br />

have been raised are not satisfied, specific reference to this problem should be noted, particularly if<br />

<strong>the</strong> Step 3 response is silent concerning <strong>the</strong>se matters.<br />

Additional copies of <strong>the</strong> Appeal and Preparation Sheets can be obtained from your assigned<br />

<strong>OCSEA</strong> staff representative.<br />

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