WHAT IS A GRIEVANCE?
A grievance is an unjust action, practice or condition committed by management. It is statement that an employer, or someone acting on behalf of an employer, has violated a worker’s rights that have been agreed to under the contract, or through legislation or through the employer failing to meet management’s policies and procedures.
WHAT IS GRIEVABLE?
A dispute concerning the application or interpretation of the terms of the contract.
A claimed violation, misinterpretation or misapplication of the rules or regulations, written policy or orders of the employer which employs the grievant affecting term and conditions of employment
A claimed assignment of employees to duties substantially different from those stated in their job specification
A claimed wrongful disciplinary action taken against a permanent, full time non-competitive Employee with one (1) year’s service in title or a provisional employee who has served for two years in the same of similar title.
STEPS TO FILING A GRIEVANCE
First determine if you have a grievable issue: discuss with shop steward or union staff representative
Gather all pertinent documentation to validate your claim
Fill out and submit grievance form to supervisor, director or the appropriate entity determined by the type of grievance
In some cases a Step 1 grievance hearing is held with a written response. In other cases no response is received
Grievance not resolved proceed to a Step II hearing held with agency Office of Labor Relations concluding with a written decision
Grievance not resolved proceed to a Step III hearing with NYC Office of Labor Relations
Grievance not resolved and if approved, case will proceed to binding arbitration. The arbitrator’s decision is binding and irrevocable
PLEASE NOTE THAT IN ALL STEPS UNION REPRESENTATION MUST BE INVOLVED AND NOTIFIED.