Labor Relations Fundamentals for Community College Districts

 The right to file a grievance on its own behalf. 121 The union is not required to bargain over a proposal to waive this right, because statutory rights are not mandatory subjects of bargaining. 122

 The right to represent members in a grievance proceeding. 123

 The right of a union representative or officer to take a reasonable amount of time off from his/her regular position to process grievances.

 The right to have reasonable access to the work location.

 The right to relevant information from the employer.

 The right to arbitrate grievances, or choose not to arbitrate a grievance, without the grievant’s consent. 124 A union is not required to bargain over a proposal to waive this right, because statutory rights are not mandatory subjects of bargaining. 125

The contract itself may also identify other union rights beyond those listed above, sometimes contained in a “Union Rights” or “Association Rights” provision in the contract.

F. C HECKLIST : H ANDLING G RIEVANCES AT THE I NITIAL S TEP

1. N OTIFICATION



Notify appropriate administrators

 Notify personnel/human resources (to assist with contract interpretation)

2. P REPARE FOR THE M EETING



Review grievance document (if any)

 Review applicable contract and policies, rules, procedures, etc.



Fully understand what the grievance seeks as a remedy

 Review the grievance for procedural defects, such as compliance with time limits, grievance of matters outside the definition of a grievance, or failure to fulfill the initial, informal step of the grievance procedure. If any of these procedural defects exit, reject the grievance for failure to meet procedural requirements. Failure to assert procedural defects at each step of the grievance procedure can jeopardize the district’s ability to assert such arguments later on in the grievance procedure.  Discuss the grievance with the district’s HR office or labor relations officer (e.g., allegation(s), employee’s conduct, supervisor’s role)

3. U NDERSTAND THE G RIEVANCE



Let the grievant tell his/her story (listen)

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 35