Labor Relations Fundamentals for Community College Districts

Lower step grievance responses typically address the merits of the dispute and any questions about whether the matter is grievable. Such responses should also list procedural defects, although procedural issues will usually not be decided until the final step in the grievance procedure. Typical procedural grievance deficiencies include:

 The grievance was not filed within the timelines provided in the labor agreement.  The facts described in the grievance are not a proper subject because they do not meet the definition of a grievance as defined in the CBA.  The grievance is incomplete, or so vague that the district cannot investigate it without additional information.

If the district determines that a deficiency exists, it should still respond to the grievance in writing and include a statement that the grievance is "rejected," and state the reasons. Using this terminology in the response notifies the grievant of the grievance's deficiency. It also preserves the district’s objection to the validity of the grievance and may be used to avoid costly arbitration or prevail at a later step. As stated above, even if the grievance procedure requires that the employer hear the grievance on substantive issues while reserving its position on procedural issues, assert the district’s position regarding procedural defects, in writing. This will preserve the district’s ability to assert procedural issues and potentially prevail at the final step in the grievance procedure. I. T HE A PPEAL AND A RBITRATION P ROCESS Most grievance procedures provide for three to five appeal steps from the first level supervisor up through line management to a final decision-maker. In many cases, the final decision-maker is a third party, neutral arbitrator. Some procedures also provide that grievances be appealed by higher and higher levels of employee organization officials, starting with the steward or building representative and going up as high as the president or executive secretary. In a theoretical sense, such higher appeals should not be necessary since the steward should speak for the employee organization and the administrator should speak for management. As a practical matter, however, the appeals process gives both parties several opportunities to reconsider their position. In addition, it subjects the grievance to scrutiny by successively broader viewpoints. Finally, it gives both management and the employee organization an opportunity to conduct research into the issue, build a solid, written record, and in some cases, diplomatically back out of losing grievances that should not go to arbitration. 1. C HECKLIST AND P OINTERS FOR H ANDLING G RIEVANCE A PPEALS Just as there are no “magic formulas” for resolving first level grievances, none exist at the appeal levels; however, there are some “checklist” procedures which can be followed which will help find a compromise if one exists.

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 38