Download the Grievance Guide - OCSEA

Introduction
The grievance procedure is set forth in Article 25 of the OCSEA/State of Ohio Contract. This
guide provides a general explanation of each step in the grievance procedure and identifies the role of
the employee, the steward, the chapter president and the OCSEA staff representative. Each individual
has an important role, which needs to be coordinated to assure that the grievance is properly
investigated and evaluated. In addition, it is important that each grievance be properly prepared and
presented to assure that the Union clearly states its position.
This guide does not modify in any way the grievance procedure in the Contract. In the event that a
question exists about the proper procedure to use or how the Contract should be interpreted, the
steward should contact his or her chapter president. If a question still exists, the chapter president
should contact his/her assigned OCSEA staff representative.
Important Rules to Remember
When processing any grievance, it is important that you observe some basic rules:
1. Closely follow the time requirements outlined in the Contract. The Union and
management have an obligation to process grievances in a timely fashion. Failure by the Union to meet
a deadline can be proper grounds to dismiss a grievance, regardless of its merit. If management fails to
respond or meet on time as required by the contract, you should inform its representative(s) that you
will advance the grievance to the next step within the time frame required by the Contract. Questions
of timeliness should be reviewed with your OCSEA staff representative.
2. Everyone should understand the role of the steward. Each chapter needs to clearly identify
which employees are assigned to each steward. Everyone in the work place should understand this
network. The steward, as well as the grievant, has the responsibility to investigate and prepare each
grievance. The steward needs to maintain a grievance log to track each grievance, and should maintain a
file for each grievance.
3. Anytime there is a change in the status of a grievance, i.e., it is moved to a higher step
of the grievance procedure, or a step response is received, or a grievance is settled or
withdrawn without the grievant’s signature on the settlement or withdrawal form etc., the
grievant(s) should be notified of the change in status by the chapter. Failure to follow this rule
may lead to a charge and/or finding that the Union has failed in its duty of fair representation.
4. Preparedness is a key to successful grievance resolution. Successful labor relations
focuses on resolving grievances at the earliest step possible and on being fully prepared to discuss the
issue that has given rise to the grievance. Grievance resolution should be the goal at each step of the
grievance procedure. A well informed and prepared steward is often the critical ingredient for success.
5. There is no substitute for knowing the Contract. Not all problems at the work site are
addressed by the Contract. Consequently, not all problems should be grieved. Our Contract defines a
grievance as something affecting the application, meaning or interpretation of the Contract (see Section
25.01). Similarly, it is important to understand when the Contract does apply so that an effective
argument can be made at grievance meetings. The grievance procedure gives you access to discuss your
views, but your arguments still need to be well founded and must point to Contract violations.
6. We must be fair and impartial. The courts have determined that it is the duty of the Union
to fairly represent all workers in the bargaining unit, regardless of whether they are a member or
non-member. It is the responsibility of each steward to fully investigate all grievances and to process
meritorious grievances in strict compliance with the steps laid out by the Contract grievance procedure.
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