Grievance Procedure

Introduction. One of the more demanding responsibilities for the local Steward is "policing" or administering the Collective Bargaining Agreement. Often this subtle process involves the investigation and filing of a grievance. A grievance is often defined as an "Act or omission that violates specific contract language." The Collective Bargaining Agreement between the Public Employees Federation and the State of New York incorporates two grievance mechanisms:

  1. "A Contract grievance is a dispute concerning the interpretation, application or claimed violation of a specific term or provision of this Agreement. A contract grievance also encompasses any benefit or privilege provided by law, rule or regulation. (See your Field Representative for a fuller explanation.) Other disputes which do not involve the interpretation, application, or claimed violation of a specific term or provision of this Agreement including matters as to which other means of resolution are provided or foreclosed by this Agreement, or by statue of administrative procedures applicable to the State, shall not be considered contract grievances. A contract grievance does not include matters involving the interpretation, application, or claimed violation of an agreement reached pursuant to any previously authorized departmental negotiations."


  2. "A Non-Contract grievance is defined as 'any other dispute or grievance concerning a term or condition of employment which may arise between the parties or which may arise out of an action within the scope of authority of a department or agency head and which is not covered by this Agreement' and shall be processed up to and including Step 3 of the grievance procedure, except those issues for which there is a review procedure established by law or pursuant to rules or regulations filled with the Secretary of State. (Non-Contract grievances may be appealed only through Step 3.) Make sure you check with your Field Representative when there is any question about the proper forum to pursue."

Stewards should be aware that in both of the above mentioned procedures, the grievance may be moved to the next step in the procedure, if the State does not reply in a timely manner at the current step.

The above actions will boil down to the crucial "W's" of Grievance Investigation:

WHO is involved?
a. Grievant
b. Responsible Management Person
c. Witnesses

WHEN did it happen?
a. Time and date of event.

WHEN must the grievance be filed?

WHERE did the event occur?

WHAT happened?
a. What did a Management representative do or not do that gives rise to the complaint?

WHY is it grievable?
a. Specifically what is wrong with "What happened?"
b. Contract language or policy violated (cite article, section, paragraph, page number, etc.).

WHOLE or Remedy Sought?
a. Corrective action requested?
b. What will the Union settle for?

If the above investigation results in the filing of either an Article 34 contract grievance (including Article 17) or non-contract grievance, the Steward is then responsible for adhering to the time limits outlined in the Collective Bargaining Agreement. Failure to file any of the following steps in a timely fashion will result in the grievance being dismissed without consideration of merit. The steward must be aware of all responses and due dates. If no timely response is received, the grievance should be moved to the next step unless an extension of the time frames have been agreed to in writing.

Step One: Must be filed at the facility or local level within thirty (30) days of the act or omission.

Step Two: Upon receipt of the Step One decision, the Step Two appeal must be filed within ten (10) working days! This appeal must be made, in writing, to the agency responsible for the facility or local department.

Step Three: Upon receipt of the Step Two decision, the Step Three appeal must be made, in writing to the Governor's Office of Employee Relations, within fifteen (15) working days.

Step Four: Arbitration: Upon receipt of the Step Three decision, contract grievances, which are appealable, shall be filed for Arbitration with the Director of the Governor's Office of Employee Relations, within fifteen (15) working days of said receipt.

The Steward should be aware of the following:

  1. That Step Three and Step Four of the grievance procedure are solely the province of PEF
  2. That non-contract grievances cannot be appealed beyond Step Three of the PEF - NYS grievance procedure.
  3. That Article 17, Out-of-Title work grievances included in the body of the PEF - NYS contract, are to be filed directly at Step Two, with the copy of the grievance to the Facility or local representative. Article 17 grievances are not arbitrable.

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