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

Email | Call (800) 484-4610

Have a quick question? We answered nearly 2000 FAQs.

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.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment

Most recent blogs:

Comp Day Explained: Eligibility, Benefits, and How to Calculate It Correctly

Comp day lets eligible employees take time off instead of receiving overtime pay, offering flexibility in work schedules. This article explains how comp time is calculated, who qualifies, and the differences between comp time and overtime rules.

Work Permit California: Requirements, Age Limits, and Job Restrictions for Minors

Minors in California need a work permit to get jobs, with specific restrictions based on age, role, and school status. This article outlines age requirements, job limitations, working hours, and exceptions to the state’s work permit rules for minors.

Split Shift Meaning Explained: How It Works, Benefits, Laws, and Real-World Examples

Split shifts divide a workday into separate periods with a long unpaid break, boosting flexibility and reducing staffing costs. This schedule helps businesses meet demand during peak hours while supporting employee well-being and complying with labor laws.

Is California an At-Will State? 4 Key Exceptions You Need to Know

California permits at-will employment, but specific exceptions restrict when employers may legally terminate an employee without explanation. Contracts, public policy, fraud, and fairness-based exceptions can provide legal grounds for challenging terminations.

California Pay Data Reporting: 2025 Deadline, New MENA Category, and Updated Filing Requirements

The 2025 deadline for California pay data reporting brings updated requirements, including MENA classification and new employer obligations. Covered employers must submit demographic wage data by job role, gender, race, and pay band or face financial penalties.

Family Leave California: Paid Family Leave Benefits, Eligibility, and Updates for 2025

California’s Paid Family Leave program provides up to eight weeks of partial wage coverage for caregiving and bonding with children. Eligibility criteria and compensation limits have changed for 2025, administered through the State Disability Insurance (SDI) system.

California Child Labor Laws: Key Rules About Work Permits, Hours, and Restrictions for Minors

California sets strict rules on work permits, hours, and job types allowed for minors under its child labor laws. State and federal rules also limit dangerous tasks and require school attendance for working minors.

California Minimum Wage Increase 2025: New Rates for State, Fast Food, Healthcare, and Localities

California’s 2025 minimum wage increase sets new statewide, fast food, healthcare, and local rates employers must comply with. Exempt and industry-specific employees face new salary thresholds, impacting wage standards across sectors and jurisdictions.

Background Check California: Laws, What Shows Up, and How to Clear Your Record

California background checks show criminal history, credit data, education records, and other public details under strict screening laws. Options such as expungement, pardons, and record sealing may remove damaging entries from your personal background file.

How Many Hours Can a Minor Work in California? A Complete Guide to Labor Laws and Restrictions

Minors working in California must follow strict hour limits based on age, school attendance, and job category. Employers who violate labor rules risk significant fines and possible criminal consequences.

California Overtime Law: Rules, Exemptions, Pay Rates, and Worker Rights Explained

California overtime law requires non-exempt workers to receive extra pay for working beyond daily and weekly hour limits. Certain employees, including independent contractors and exempt workers, do not qualify for overtime based on legal standards.

How to Calculate Overtime in California: Daily, Weekly, and Double Time Pay Explained

California overtime laws require daily and weekly overtime pay for nonexempt workers, including salaried, commissioned, and piece-rate employees. This guide outlines calculating overtime, daily double time, regular pay rates, and employer responsibilities without addressing alternative workweek schedules.

What is Comp Time for PTO? A Complete Guide for Employers and Employees

Employers and employees can use comp time for PTO if it is applied legally with clear policies in place. Comp time rules differ between public and private sectors, affecting when it can substitute for overtime pay.

No Tax on Overtime in California: 2025 Policy Updates, Exemption Timeline, and What Workers Should Expect

California may introduce a 2025 overtime tax exemption, but no confirmed start date or final state legislation exists yet. Workers and employers await Sacramento’s decision on removing state taxes from overtime earnings under the proposed changes.

Minimum Wage in California 2025: State and City Rates Explained

The minimum wage in California will rise to $16.50 per hour in 2025, with some local rates set even higher. Employers must follow state, city, and industry-specific wage regulations carefully to remain compliant and avoid penalties.

California Fast Food Minimum Wage 2025: Statewide and Local Updates

The California fast food minimum wage will rise to $20 per hour in April 2025, affecting many workers statewide. Local minimum wage rates also vary across California cities, with some surpassing the new state baseline.

How old do you have to be to work? Age limits explained

Minimum age requirements for work depend on federal, state, and job-specific rules that focus on young workers' safety and rights. Teens can start working at 14, but restrictions remain in place until 18, depending on the specific type of job.

Workplace Culture and Hostile Work Environments in California: Your Rights and Legal Options

Employees facing hostile workplaces in California have legal protections to address harassment, discrimination, and toxic work environments. Protect your rights, report misconduct, and pursue action through California's Civil Rights Department or with legal support.

What Is a Pay Stub and Why It Matters for Employees and Employers

Pay stubs detail wages, deductions, and taxes, helping employees track earnings and employers comply with state payroll regulations. They support loan applications, reduce payroll disputes, and are required or regulated in many states across the U.S.

What Are the Proper Steps to Fire Someone in California?

Terminating an employee in California requires following legal guidelines, maintaining professionalism, and ensuring proper documentation. This guide outlines lawful termination reasons, key procedural steps, and best practices to reduce legal and financial risks.

How Long Does a Misdemeanor Stay on Your Record in California?

A misdemeanor conviction in California stays on public record indefinitely but may be eligible for expungement under specific conditions. Background checks typically show misdemeanor convictions for seven years, but expungement can remove them from most employment screenings.

How Do I Prepare a Script for Firing Someone?

Learn the professional steps for firing an employee, from preparing a script to handling emotional reactions. Understand the proper procedures, reasons, and communication techniques to ensure a smooth and respectful termination.

What Is Involved in a PAGA Lawsuit?

PAGA lawsuits allow employees to file claims for labor code violations on behalf of themselves and others in California. Employers can face significant penalties, prompting many to settle to avoid costly judgments.

What Are the Rules for 10-Minute Breaks?

California law mandates two paid 10-minute breaks and a 30-minute unpaid meal break for an eight-hour shift. Employers who fail to provide required breaks may face penalties, and employees can seek legal action for compensation.

Can I Work Six Hours Without a Lunch Break?

California law requires a 30-minute meal break for shifts over five hours, but employees can waive it if working exactly six hours. Employers must comply with strict labor laws, ensuring uninterrupted meal breaks and legal protections for workers.

What Can I Do If My Employer Didn’t Pay Me on Payday?

Employers in California must pay workers on time, or they may face penalties of up to 30 days' wages for delays. Employees can file wage claims, seek legal assistance, or report violations to the California Labor Commissioner's Office for unpaid wages.

What Qualifies as a Hostile Work Environment in California?

Employees in California facing severe or persistent harassment based on protected traits may have legal options under state and federal laws. Filing a complaint with the California Civil Rights Department or consulting an employment attorney can help protect workplace rights and seek compensation.

When Is a Doctor’s Note for Work Required in California?

California employers generally cannot demand a doctor's note for sick leave, but exceptions exist under specific laws and circumstances. Legal conflicts persist, and employers may require medical documentation for disability accommodations, FMLA leave, or other valid reasons.

What Does California Law Say About Final Paycheck Rules?

California law mandates that final paychecks be provided promptly, with termination pay due immediately and resignation pay within 72 hours. Employers must include all owed wages, expenses, and accrued benefits, with penalties for late or incomplete payments.

Can an Employer Deny a Doctor’s Note?

An employer may deny a doctor's note if the absence does not qualify for legal protections under disability or family leave laws. Employers must evaluate medical documentation, employee statements, and applicable laws before considering disciplinary action.