Download the Grievance Guide - OCSEA

If a determination is made to file a grievance you must determine what articles and sections of the
contract have been violated. Keep in mind that many times sections of the contract have been violated.
Keep in mind that many times sections other than Article 24 have been violated. These should be listed
in the section of the grievance form designated for the Contract articles allegedly violated. Under this
section of the grievance you should also list any policies, directives or procedures that have been
violated. Along with listing the various violations, you should include the statement “any other Contract
articles and section, laws or policies that may apply.”
The violations are to be followed by a statement of facts to support the violations you have listed.
Remember the basic questions (who was involved, what happened, where did it happen, when did it
happen and how). How has the Contract or other provisions been violated? The steward should review
the pre-discipline checklist when making his or her investigation.
Finally, you will write the remedy or the grievant’s desired resolution to the grievance. This should
include a request for back pay (if appropriate) and an expungement of the grievant’s record in regard to
the events that gave rise to the disciplinary action. You should include any benefits the grievant has
missed as a result of the action. This can include lost holiday pay or overtime, which the Union can
clearly show the grievant, would have earned. And always include the statement, “and to be made
whole.” (Be prepared to explain what needs to be done to make the grievant whole).
Naturally the information requested on the top of the grievance form is necessary. Do not leave out
addresses or home phone numbers, etc.
The grievant should sign the grievance form. This is his/her signature indicating that he/she agrees
with the statement of facts, violations and remedy sought. However, if for some reason the grievant is
not available to sign the grievance form, the steward should sign the grievance form and file it in a
timely manner.
Commonly Asked Questions
1. Should I save my best arguments for arbitration?
NO. Make all arguments at or before Step 3 meetings. At arbitration some agencies have argued
that the Union has waived its right to use all elements of just cause as a defense because not all
arguments were raised at the Step 3 meeting.
For example, an employee is disciplined for tardiness. At Step 3 the Union may state that the
tardiness did take place, but that the penalty was not commensurate with the offense.
Later, at arbitration, management may assert that the union has waived the right to raise the
argument that it was denied important information that was relevant to the case, since the Union did
not mention it at Step 3. Therefore, management states the Union can only raise the issue of whether
the penalty imposed was proper. It is important that the Union raise all appropriate just cause
arguments at Step 3, in addition to whether the discipline is commensurate with the offense.
Further investigation by the Steward may permit new arguments to be made at Step 3. Check your
pre-discipline checklist for other arguments to be incorporated into the grievance (Appendix I). If you
think the management representative has not properly described the argument or facts presented at the
hearing, notify the management representative in writing of what has been left out or been
misrepresented. It could be useful if the grievance is later arbitrated.
2. Our chapter has its own method of tracking grievances. Do we need to use the
Appeal and Preparation Sheet?
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