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grievance settlements can be effective in influencing the outcome of similar disputes at other work
areas. The list of grievances awaiting arbitration frequently changes because many are settled based on
renewed efforts by both parties to resolve the grievance prior to arbitration.
It is the primary purpose of the grievance procedure to settle disputes between the Union and the
State. Agreement by both parties to a reasonable settlement and resolution of the matter is many times
superior to arbitration. It is the responsibility of the State and the Union to attempt to address their
disputes through negotiation and settlement rather than to use the services of the third party. This
promotes a healthy labor/management relationship and leaves resolution in the hands of the parties,
rather than giving up control to a 3 rd party neutral.
Non-Traditional Arbitration (NTA) Procedure
The non-traditional arbitration procedure is another method used by the Union and the State to
handle grievances in a more efficient manner.
Non-traditional arbitration hearings include, but are not limited to, a presentation of the parties’
arguments based on factual stipulations, a presentation of arguments without factual stipulations, and a
presentation of more than one case on a given day with the arbitrator’s decisions being given in an oral
fashion. The arbitrator will issue a written decision to the parties by the end of the hearing day. The
decisions issued in the non-traditional arbitration procedure will have precedence for progressivity
purposes only, unless mutually agreed otherwise by the Union and the State. Except for patient/client
related cases, the grievances presented to the arbitrator under this section will consist of disciplinary
action of five (5) days or less, unless mutually agreed to otherwise.
This procedure is intended to replace the full-blown and expedited arbitration procedure. In
disciplinary grievances of five (5) or less days, the non-traditional arbitration process is mandatory, with
no mediation meeting.
The Office of General Counsel and OCB may mutually agree to present issue or contract
interpretation grievances to a non-traditional arbitration process.
The Role of the Steward in Representing Grievants in Potential
Discipline
Investigatory Interviews
One of the most important responsibilities of stewards is to prevent management from intimidating
employees or coercing employees in an investigatory interview. The investigatory interview is properly
used to uncover facts that can clear an individual or which can be used as a basis for discipline. The
right of employees to a Union steward, in certain situations, was established by the Supreme Court
decision in NLRB vs. Weingarten.
Section 24.04 of the Contract reflects “Weingarten Rights” which provide that if an employee has a
reasonable belief that discipline may result from what he/she says, the employee has a right to request a
steward. When an investigatory interview occurs, the following rules apply.
Rule 1.
Rule 2.
The employee must make a clear request for Union representation before or during
the interview. The employee cannot be punished for making this request. It is best
to make the request in writing so there is a record of the request.
After the employee makes the request, the employer must choose from among three
options. The employer must either:
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