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.