Why, When, and How to File a Grievance
By Heather Kamins
As a PSU member, maybe you’ve heard of the grievance process but aren’t entirely sure how it works. Or maybe you’ve experienced something at work that feels off, but you’re not certain if you should file a grievance or how to do so. Fortunately, your union is here to help—starting with helping you understand how the process works.
What is a grievance, and how do I know if I should file one?
“There’s only one reason people file a grievance, and that is if some part of the contract was violated,” says PSU’s grievance officer, Lori Peterson.
Our contract, both for Unit A and Unit B, is a legally binding agreement between each of us and management. You and I can be disciplined for not following our contract—and the same is true for management. If they violate the contract, it is up to us to hold them responsible. That process begins with a grievance—essentially, a formal complaint. The process toward resolving that complaint can be a long road, but if your case is strong, it can result in far better working conditions for you and your coworkers.
Peterson advises everyone to get familiar with their contract. “But it’s a big contract,” she acknowledges. “People don’t often know where to look for something, so they usually just come to the grievance officer or steward.” PSU delegates can also be helpful—while they don’t represent members in the grievance process, they’re well acquainted with the contract and can let you know if your issue rises to the level of further action.
What is the process for filing a grievance?
“The first step is always just a conversation,” says Peterson. Once you’ve spoken to a grievance officer about your situation, they’ll let you know what options you have and ask how you’d like to proceed. “We never speak with a member and then go file a grievance on their behalf,” she emphasizes. You are always in control.
In some cases, the member only needs to talk things through, and no further action is taken beyond that initial conversation. “I would say for every 10 members that I meet with, only one of them will file a grievance,” says Peterson. “The rest are noncontractual things that we can fix for them without filing.” That includes things like denied vacation requests or a failure to carry out the PMP process for a member who requests it.
If the issue isn’t resolved, step two is formally submitting the grievance to Labor Relations. A hearing is scheduled with the member and their union representatives, as well as the offending party. At the hearing, both sides present their case to a hearing officer, who collects the evidence and issues a decision within 10 days. The whole step-two process typically takes four to six months. “The decision is either yes, the university violated the contract, or no, the university did not,” says Peterson. “Nine times out of 10, the hearing officer finds for the university, not for the grievant, in which case we can go to step three.”
Step three is almost identical to step two, but takes place at the UMass system president’s office. If things are not resolved then, the final step is to file for arbitration. “That leaves the university system and goes to the state Department of Labor Relations,” says Peterson. “That requires PSU’s Joint Executive Council to approve your case, so you have to have a very, very strong case in order to proceed to arbitration.” She notes that not all contract violations can proceed that far, but that a grievance officer can help members understand which options are available to them.
If a grievance does go all the way to arbitration, it can take years to resolve, but fortunately, few cases make it that far. “I would say something like 90% of the members who reach out to me never move forward with a grievance,” says Peterson. “Of the 10% that do, I would say 90% of those are settled before we even get to step three.”
Even after a case has progressed to step two or beyond, it is still possible to achieve a simpler resolution. “One thing I think is important is that once the formal grievance is actually filed, the attempt to try and settle still goes on,” says Kathy Rhines, PSU staff representative. “Settling is the best way to resolve most of these things, and a lot of them do get settled.”
And, says Peterson, a member can withdraw their grievance at any time if they no longer wish to proceed. “We really emphasize support throughout the process,” says Peterson. “If you need time off, we can get you on a leave of absence.” In some cases, such as if a supervisor is acting in an abusive manner, the union can help you move to a different job on campus. While it may not be ideal for the aggrieved party to be the one who leaves their department, the union’s primary goal is to take care of its members. “It’s a hard process, but we are there to support the member. We represent you.”
How can I recognize if I’m facing retaliation, and what should I do about it?
“I think the biggest red flag is, you’ve filed a grievance, and all of a sudden your supervisor is treating you differently,” says Peterson. If, after going through the grievance process, you find yourself being singled out or excluded, having your leave requests denied, or getting lower scores on performance reviews than you used to, it’s time to call for help once again.
“If we filed a grievance, we’re in contact with the member already, and they’re told to look out for retaliation, and let me know immediately if that happens,” says Peterson. The grievance officer can let you know if they recommend filing a new grievance or potentially bringing a charge before the Labor Board.
What rights do members have to union representation in discipline meetings?
If you find yourself being investigated for a disciplinary issue, it’s important to be aware of your rights. Regular meetings with your supervisor involving coaching or correction don’t come with the right to union representation, but formal investigations do. These are called Loudermill rights, and they provide safeguards for public-sector employees facing the possibility of significant discipline, such as termination, suspension, or demotion. “Normally, if you’re under investigation, you’ll get a form CC’d with a bunch of people, including HR,” says Peterson. “It’ll outline what you’ve done wrong, and it will invite you to an investigatory meeting. At that point, you need your PSU representation.”
In some cases, your Loudermill rights might kick in without a formal investigation notice. “A member could be called into a meeting with their supervisor and HR, and they’re blindsided,” says Peterson. “They’re talking about one thing, and then all of a sudden they’re talking about something that happened two weeks ago, and you’re being investigated for it. At that point, the employee can say, ‘I’m sorry. I would like to request my union rep.’”
In such an event, the meeting has to stop, and the member can call their union representative, who will either join right away or ask to reschedule the disciplinary meeting. If the supervisor does not stop the meeting, the member must stay there, but they do not have to answer any questions—and they can later file a grievance for being disciplined without the representation they’re entitled to.
Bottom line? “The important thing is that the member has to know their rights, and they have to exercise their rights,” says Peterson.
Says Rhines of her union colleagues, “They’re seasoned. They know what they’re doing. It’s not easy work, but it’s very rewarding. Really why people do this work is because they want to help their coworkers.”
“My advice would be, don’t continue to suffer,” says Peterson. “If you’re being bullied, if you feel like you’re being discriminated against, it doesn’t cost you anything just to reach out and have a conversation. We don’t have to take action, but we’re happy to have a conversation.”
