AR Handbook – 35 Grievance Preparation & Processing When a question is raised as to the possibility of a grievance existing, careful research of the circumstances surrounding the possible grievance must be undertaken. The following questions need to be answered fully before any steps are taken to resolve the grievance. 1. What action was taken which led to the grievance? 2. Who was responsible for the action and who was or will be affected by the actions? 3. When did the action occur or when will it occur? 4. Where did the action occur? 5. How did the action occur? 6. What sections of the contract, board policies, agreements, or past practice were violated? Once the preceding questions have been answered, a decision must be made by the association as to whether or not a grievance exists. A ruleof thumb is: WHEN IN DOUBT – FILE. Some people feel that rules were made to be broken. In grievance handling, such an attitude can be fatal. Most grievance procedures set specific time limits on initial filing and subsequent processing through the steps. These limits or rules, if ignored, can lead to losing a case in arbitration on procedural grounds of timeliness even when the association’s case on the issue is unbeatable. Sometimes, employees don’t inform association representatives of acts against them which are violations of the agreement until the time limits have passed. Members must be informed and should be constantly reminded of the importance of observing procedural time limits. In the instance where an association is not quite sure of the strength of its case but faces a deadline, it should file the grievance. Time bars, or limits on the length of time a local association has to file a grievance, are customary in all labor contracts. In New Jersey, five days seems to be a minimum and 60 days the maximum allowed in contracts although some are silent on timelines. Time bars are necessary to both sides so that grievances can be fresh in everyone’s mind; there is no need to resort to historical evidence. Failure to comply with the time bars may invalidate the association’s complaint at any level of the procedure. If the employer raises the question of timeliness in arbitration and the arbitrator finds the association did not meet a time bar, the substance of the grievance may never be decided. Once the decision has been made to institute a grievance, care must be taken with the wording of the original grievance because it may one day be viewed by an arbitrator. As the grievance is processed, the association will be limited by what it has written in the grievance. Although there is dispute among many experts as to what should be written in a grievance, most professionals agree that the more general and broad the statement of grievance and resolution, the more latitude the association has to prove its case. Therefore, even when specific contract articles are cited in a grievance, it is preferable to add a statement such as, “. . . and any other applicable articles.” In a like manner, when the resolution is drafted, it is advisable to add a statement such as, “. . . and any other resolution deemed appropriate.” The written grievance is not the place to include a recitation of all the facts surrounding the grievance. Just enough need be written to identify the problem. Again, the association may be limited to what appears in writing, so broadly written language is better than that which is narrowly descriptive. However, care should be taken that a written grievance which may proceed to arbitration describes violations of terms and conditions of employment as defined by PERC and the courts. Otherwise, the employer may seek to bar arbitration and be successful. When in doubt, the local association should contact the UniServ office for assistance. From the first meeting with the grievant through each step of the procedure, the association should keep accurate notes on what is said and what happens. Sometimes it will be necessary for the association to send written communications to its own members or to make a record of what was said during a conference with administrators. These notes should be preserved in individual grievance files along with any research data, correspondence, and decisions. These files should be preserved indefinitely by the association. In preparing for hearings or meetings at the various stages of the grievance procedure, it is very important that the association representative who is to present the grievance meet with all grievants and witnesses to prepare fully for each step of the process. It should be clear who will speak and when. Questions likely to be asked of the grievants and witnesses should be reviewed. The order in which grievants and witnesses will be presented should be discussed. In addition to this preparation, the grievance representative should prepare opening and closing statements. The opening statement should set forth what the association is going to prove and the closing should state what has been proved. The closing statement also gives the grievance representative the opportunity to tie the evidence to specific sections of the contract.
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