How To File A Grievance and the
Grievance Process
When ACSUM and the University sign a contract that has been ratified by the members, this is only the beginning. The University and the Association are both responsible to see that the contract is followed. If the Association or its members believe that management is not following the contract, they have the right to file a grievance over a violation of the agreement.
Grievances can occur for a number of reasons. The employee may not have been paid the correct amount for hours worked; the University may have disciplined someone unfairly; or the University may establish a policy for uniforms, something it has no right to do. Sometimes a manager makes a mistake without realizing he/she is doing so. Sometimes a supervisor knowingly acts in an arbitrary manner. No matter what the violation is, the employee has an absolute right to file a grievance to have the contract enforced or make management prove it had the right to take the action that it did.
A grievance must be filed within certain time limits. It must be filed not later that twenty work days after the violation or when the employee first learned of the violation. The University can usually consider any grievance filed outside the time limits as dead.
Grievances are about violations of the contract. Violations of certain laws by the University may or may not be contract violations. When the University violates the contract, the solution or remedy to the violation is defined in terms of the contract. The general rule is to "make the employee whole," which means to make the workplace as close to the way it would have been if the University had not committed a violation. For example, the University would have to reinstate an employee with back pay and benefits for an unfair firing. Or, as the result of a recent grievance, it had to eliminate the requirement to wear a uniform when a manager set one up improperly. Grievances are not about suing for liability or slander.
Remember, you have the right to file a grievance and should if there is a violation of your contract. You have the right to representation in the grievance process. When the Union represents you, it can do all the talking with management.Article 10 of your contract explains the grievance procedure step by step. If you have questions, you should contact your chapter grievance representative or leader.John BracciodietaMEA Uniserv Director1-888-942-2907 x110.
Grievance Representatives