Grievance Process

Understanding Grievances: Article 19 

What Is and What Is Not a Grievance?

Understanding the difference between which complaints or disputes are grievable and which are not can help you identify how to seek resolution for your issue.. 

What IS a Grievance?

Grievances are formal complaints filed by employees, or the union itself, alleging violations of their rights or privileges related to the terms and conditions of their employment, as outlined in a collective bargaining agreement (CBA). These grievances can cover a wide range of issues including evaluations, working conditions, benefits, and other work related topics covered in the CBA. The grievance process is a mechanism for addressing these complaints and seeking a remedy. However, not every workplace conflict is a grievance; it must stem from a violation of a specific aspect of the CBA. 

A grievance can be filed when: 

• Violations of the collective bargaining agreement occur, including: 
  
  • failure to follow contract terms and/or procedures regarding evaluations, scheduling, or other procedural violations outlined in the CBA
  • improper disciplinary actions or violation of investigation procedures 
  • changing job duties or workload in violation of the contract
  • infringement of academic freedom or other rights outlined in the CBA
• Misapplication or misinterpretation of the agreement occurs. This can happen when the employer interprets the contract in a way that negatively impacts employees' rights or working conditions.
• Policies are in violation of the CBA. The union can file grievances on behalf of a group of faculty members or the union itself regarding broader policy issues that violate the contract or faculty rights.

What is NOT a Grievance?

Although there are different kinds of conflicts and disputes that may arise in the workplace, not all are grievable. Grievances can only be filed for violations of the CBA. Below are some examples of complaints, conflicts or disputes that are not resolved through the official grievance process. 

A grievance cannot be filed for: 

• General Dissatisfaction. Simply feeling unhappy with one's job or workplace environment is not a grievance.
• Disputes with coworkers. Conflicts between colleagues that do not involve a breach of contract or employer policies are not typically handled through the formal grievance process.
• Complaints about managerial style or competence (unless they violate the contract). Simply disagreeing with a supervisor's approach or thinking they are incompetent is not grounds for a grievance, unless their actions violate a contractual provision.
• Matters or complaints outside the scope of the CBA. If a situation isn't covered by the CBA, it's generally not grievable.
• Personnel decisions (unless procedural violations occurred). While the outcome of decisions like tenure cannot typically be grieved, procedural violations in the decision-making process might be subject to a grievance.
• Informal complaints that can be resolved through discussion. The grievance process is typically reserved for issues that cannot be resolved through informal channels, such as discussions with a supervisor or union representative.
• Unreasonable demands. Grievances must be based on reasonable expectations and rights established in the CBA or applicable laws.
• Complaints without evidence. If there's no evidence to support the claim of a violation of the  CBA, it's not usually a valid grievance.
• Appeals for non-renewal of contract employees. Probationary faculty cannot use the grievance process to appeal discharge or a decision by the Board not to renew their contract. 
• Appeals for non-renewal of part time employees without preference rights. Part time faculty without preference rights cannot use the grievance process to appeal a decision by the college not to rehire them. 

Key aspects of the grievance process include:

• Timeliness. Grievances must be filed within 20 days after the grievable event.
• Representation. Faculty members may be represented by their union representative or other designated representatives during the grievance process.
• Documentation. Filing a grievance requires providing clear and concise documentation of the alleged violation and the desired remedy.

In summary: A grievance in a faculty labor union is a formal process for addressing violations of the CBA and other specific rights or policies. It's important to differentiate this from general complaints or conflicts that don't fall under the scope of the contract.

See also:

Grievance Filing Procedures and Timelines

Article 19

Grievance Form (Appendix C) 

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For complaints of Unlawful Discrimination and/or Unlawful Harassment review

Human Resources Procedure 1040.07 and  Unlawful Discrimination Form 

Grievance Filing Procedure and Timelines– Article 19

Article 19 of the CBA outlines the formal grievance procedure for bargaining unit members to address alleged violations of specific provisions of the Contract. A grievance must be a written claim by a grievant or the United Faculty that a contract violation has caused an adverse effect. The purpose of the grievance procedure is to provide an orderly procedure for reviewing and resolving grievances promptly.  

Timelines are strict: a grievance must be filed within 20 days of the act or of when the grievant/Union reasonably should have known about it. Failure to meet deadlines at any step forfeits the right to continue. The district’s failure to respond on time allows the grievance to advance to the next step.

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Steps in the Procedure

Level I – College President (or designee):

• Grievant must informally discuss the issue with the College President (or designee) and file a formal grievance within 20 days.
• The president or designee responds in writing within 15 days.
• A meeting may be held by mutual agreement.

Level II – Chancellor (or designee):

• If unsatisfied, the grievant may appeal in writing within 15 days with documentation and reasons for appeal.
• The Chancellor responds within 15 days.
• A meeting may also occur by mutual agreement.

Level III – Optional Fact-Finding Panel:

• If still unresolved, the grievant may, only with United Faculty's support, request a Fact-Finding Panel within 15 days or bypass this level and go to the Board directly.
• Each side appoints one panelist within 5 days; they jointly select a neutral chair within another 5 days.
• If no agreement, a chair is chosen by striking names from a certified panel list.
• The panel investigates, holds a hearing, and issues a recommendation in writing.
• The recommendation is binding unless the Board rejects or modifies it within 20 workdays (or next Board meeting, whichever is later) and explains the decision in writing.

Level IV – Board of Trustees:

• If the grievant bypasses or appeals the Chancellor's decision, the case goes to the Board within 15 days.
• The appeal must include all prior documentation and a clear statement of the issue and remedy.
• The Board hears the case at its next meeting (with at least 5 workdays’ notice) and issues a written decision within 15 days.
• If a Fact-Finding Panel was used, the panel’s recommendations and the Board’s obligations under Section 19.4.3.3.7 apply.

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Additional Notes:

• A United Faculty representative may accompany the grievant at any step.
• Grievances cannot challenge Board decisions governed by external laws, agency rulings, or evaluation results.
• Certain grievances (e.g., related to benefits or termination of temporary employees) trigger different cost-sharing rules for the Fact-Finding process.

This process ensures fair and timely resolution of contract-related disputes under clearly defined procedures.

For a more detailed look at Grievances read Article 19.

Download and complete the grievance form below. Reference Article 19 of the Contract for the procedure.