Grievances: Definition, Procedures and Processes

Employee grievances address disputes over wages, hours, and other conditions between workers, supervisors, and unions. Labor Relations personnel manage grievance procedures for quick and effective resolution.

By Brad Nakase, Attorney

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Table of Contents

1. Introduction

2. Definitions

3. Directives For Managing Grievance

4. Grievance Process

5. Rank & File Workers

6. Excluded Employees

7. Appeals For Non-Merit Statutes

8. Grievance: Out-of-class

Introduction

A disagreement concerning the interpretation, implementation, or execution of the conditions of the established Memoranda of Understanding may arise between any number of employees (often between a supervisory staff and a rank & file worker) or between the union and the State.

Questions regarding a grievance are directed to the personnel of Labor Relations since the LRO (Labor Relations Office) is in charge of providing executives with advice on grievance management and processing. Grievance and appealing procedures are meant to facilitate the expeditious examination and informal or formal settlement of grievance matters at the lowest feasible level.

The following are some of the main issues in negotiations:

Wages
Hours
Discipline
Layoff process
Probation
Health benefits
Overtime calculations
Holidays
Retirement

The Employee Contract Grievance (Std. 630) or the Excluded Employee Grievance (Std. 631) document must be used by the employee in accordance with State laws and regulations. Either form must be completed in full and must provide a succinct and clear explanation of the grievance’s nature. The grievance must specifically identify the section(s) and article(s) of the agreement that are purportedly in violation as well as the requested remedy.

Definitions

Depending on whether a grievance is filed by an ordinary worker or an excluded employee, it has a distinct definition. Employee-employer Relationships for Excluded Workers (California Code of Regulations, Article 21) are subject to the subsequent definitions.

Grievance: Rank & File

A disagreement about how to interpret, apply, or enforce the specific conditions of an MOU that involves any number of employees, or a disagreement between the Union and the State.

Grievance: Excluded Employee

A conflict involving the administration or comprehension of a law, rule, policy, or procedure that is under the Director’s authority in the California Dept. of HR (Human Resources) that involves any number of excluded workers.

Excluded Employee

A State employee who is exempt from or does not have exclusive participation according to the Dills Act.

Organization of Excluded Employee

An organization representing participants who fall within the “excluded employees” of the Government Code, categories (sections 3526 to 3539).

Supervisory Organization

An organization recognized by the Govt. Code by sections 3513(g), 3527(e), 3529 thru 3535, & 3538 as representing participants who are managerial, supervisory, or “confidential” personnel.

Statutory Non-Merit Appeal

An employee may file an appeal against an involuntary transfer under Govt. Code’s sections 19994.2–19994.4 to the job profile within the same classification or to the job profile within the appropriate classification at a place that clearly necessitates the worker to change their location of residence.
A review of the petition under section 19996.1 to set out a resignation
An appeal pursuant to § 19996.2 seeking reinstatement following an AWOL (automatic resignation)
In pursuant to section 19997.14, a layoff appeal

* A complaint, on the other hand, concerns a policy or rule that is not governed by an MOU and how it is applied or interpreted.

Directives For Managing Grievance

A. Discuss Informally

Listen
Write Notes
Pose impartial queries: Ensure that you are aware of the nature of the issue.
Put the grievance plus the suggested remedy back in writing.
Allocate a specific time for answering.
After a conversation, always follow up with the worker or give a response.
For any questions, get in touch with the LRO.

B. Investigation of Grievance

1. Determine which clause (contrary to policy or previous practice) was violated.

Which clause or policy was broken in the contract?
Is the problem with other contract portions, previous procedures, rules, or policies?
Did the complainant file the grievance within the MOU’s stipulated term?

2. Determine the critical information.

Summarize the events that gave rise to the complaint.
Check out the workspace.
If appropriate, ask other workers questions.
Identify the issue’s date, time, and location.

3. Acquire all pertinent documents, such as personnel files and counseling memoranda.

4. What possible remedies are there for this grievance?

5. What decision do you make?

Respond to the complainant either in writing or verbally.
Describe your decision.
Document everything you did.
Check to see if the agreed-upon modifications were made.

6. STRICTLY ADHERE TO THE CURRENT ISSUE

7. Speak with the LRO for guidance.

Grievance Process

Rank & File Workers

To find out more details about the procedures and deadlines for employee grievances, consult the relevant bargaining unit agreement. To address a grievance, the following sequence of commands is followed, in brief:

Initial grievance

To discuss a contentious issue, the employee meets with the supervisor informally. If the issue is not remedied, in line with the terms of the worker’s MOU, the worker files an official grievance utilizing the STD 630 (Worker Contract Grievance).

Level One: The supervisor evaluates the official grievance and renders a determination.
Level Two: If unresolved, the manager considers the official grievance and renders a judgment.
Level Three: If the grievance is not resolved, the relevant Deputy Director evaluates it and decides what to do with the help of the LRO. Often, the decision is written by the LRO.
Level Four: Unresolved cases are reviewed and a ruling is written by the California Dept. of HR (Human Resources).

Excluded Employees

For more information about employee grievance processes and the time limit requirements, consult the relevant bargaining section contract. To address a dispute, in short, a specific line of command is followed:

Initial Grievance

The excluded worker’s immediate Supervisor should be consulted regarding the grievance by the excluded worker or their agent. A documented grievance could be submitted if the issue is not resolved in five working days.

Level One: It is possible to submit a grievance in writing within ten working days of the incident or circumstances that gave rise to it. Within ten working days of receiving the official grievance, the supervisor, who is the initial point of review, is required to provide a written response.
Level Two: After receiving the reply, the grievant has ten working days to challenge the initial level’s decision. The Department’s Chief will address the grievance in writing within 15 work days of receiving the challenged grievance.
Level Three: Within ten working days of receiving the Deputy Director’s response, the grievant has the option to file an appeal against the 2nd level’s decision. The Deputy Director will address the grievance in writing within 15 working days of receiving the appeal.
Level Four: Within ten working days of receiving the response, the grievant can file an appeal of the third-level decision with the Director of the California Dept. of HR (Human Resources), or a designated representative. The Director (or designee) must write a response regarding the grievance within 20 work days.

Appeals For Non-Merit Statutes

The following actions could be included in non-merit legal appeals procedures:

1. The following disagreements must be submitted in writing to the California Dept. of HR’s Director directly. The filing deadlines for these appeals must be followed in line with the applicable law.

layoff appeals.
appeals pertaining to transfers.
requests to revoke a resignation.
petitions for reinstatement following an automatic resignation.

2. An appeal of this kind could be sent to the hearing officer for consideration or inquiry. As the CalHR’s Director’s designated representative, the hearing officer has the entire authority and power to:

accept or reject time extensions.
schedule a hearing on the case.
hold a hearing and carry out an inquiry.
do any other duty falling under their purview.

3. Respond. The appeal must be answered unless otherwise mandated by laws or regulations.

The appellant must get a copy of any answer submitted before the hearing from the CalHR’s Director.
All relevant allegations in the appeal become issues if no response is provided, even if none is needed.

4. Rehearing

A written request for a rehearing may be submitted to the CalHR’s Director by any party within 30 days of receiving notification of the ruling being served.
The petition will be served to the other parties involved in the action by the CalHR’s Director within thirty days following it is filed.
The CalHR’s Director will decide whether to approve or reject the application in part or in full within sixty days of the request for rehearing being served.

Rehearing petitions are denied if they are not addressed within the allotted ninety days.

5. A written settlement specifying extending the time frame by three years must be filed by the parties, otherwise any appeal submitted to or allocated to the CalHR’s Director will be rejected if it is not heard within that timeframe.

6. Decision. All decisions become definitive thirty days after the CalHR’s Director serves a notice of the ruling to the parties involved in the action; otherwise, a formal application for reconsideration must be filed in compliance with Article 21’s subsection (g)(3).

Grievance: Out-of-class

A grievance that is filed outside of class is the main kind that can affect the workers of the OHR (Office of HR), Pay (C&P) Unit, and Classification.

Although the LRO handles the grievance management, DGS & its client entities rely on the C&P Division to decide on classification. For the restricted purpose of informing the grievance decider about the potential degree of out-of-class employment, LRO, managers, and supervisors are expected to send such grievance matters to the C&P Division.

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