Grievance Time Limits and Process
APWU GUIDE TO THE GRIEVANCE PROCEDURE
Procedures of any grievance includes, but is not limited to, the complaint
of an employee or the union which involves the interpretation, application
of, or compliance with the provisions of the APWU Agreement or any Local
Memorandum of Understanding. When an employee or the union believes
their rights under the Agreement have been violated your Shop
Steward should:
* ESTABLISH A FILE
• Request all relevant information from appropriate management
official. Take detailed notes.
• Interview grievant, witnesses if appropriate and review applicable
documents.
STEP 1
• Discuss grievance with immediate supervisor within 14 days of
date union or employee first learned of its cause.
• Take notes of union and supervisor's Step 1 positions in discussions.
• Supervisor's decision shall be given no later than 5 days after
Step 1 discussion, unless parties agree to extension.
• If decision is unfavorable supervisor shall initial Step 2 standard
grievance form at request of steward confirming date decision was rendered.
Demand the form be initialed!
• Review notes of Step 1 meeting, contract and applicable references
and documentation. If necessary discuss with other union officials.
• The union is entitled to appeal adverse Step 1 decision to Step
2 within 10 days after receipt of Step 1 decision. Use standard grievance
form.
STEP 2
• Installation head or designee must meet with union representative
within 7 days after receipt of Step 2 appeal.
• The parties representatives may mutually agree to jointly interview
witnesses. In discharge cases either party shall have the right to present
no more than two witnesses.
• The parties shall make a full and detailed statement of facts
relied upon, contractual provisions involved, and union shall explain
remedy sought. Union and management will exchange all relevant papers
and documents.
• Take notes of statement of facts relied upon by management.
• Where agreement is not reached, employer's written decision
is furnished to the union within 10 days after the Step 2 meeting. Time
limit may be extended by mutual agreement.
• Decision shall include Employer's understanding of:
+ all relevant facts
+ contractual provisions involved
+ detailed reasons for denial
• If union's representative believes Employer's facts or contentions
in decision are incomplete or inaccurate he/she may file a written statement
to the Employer's representative setting forth corrections or additions.
• Once the Step 2 form is completed and reviewed for accuracy,
it is wise to send the form to the installation head or designee by
certified mail, return receipt requested.
STEP 3
• The union is entitled to appeal adverse decisions to the Regional
Director for Employee & Labor Relations within 15 days after receipt
of Step 2 written decision.
• File to union Step 3 representative should include:
+ Letter of charges (discipline)
+ Step 1 notes and any witness statements
+ Step 2 decision and Appeal Form
+ Step 2 notes
+ Copies of relevant documents (overtime list, manuals, seniority list,
etc.)
+ Letter of objections/corrections if filed
+ Step 3 appeal.
• A copy of the Step 3 appeal and letter of corrections and objections
must be forwarded to Employer's Step 2 representative and Regional Director
for Employee & Labor Relations.
• The Union may appeal to arbitration at the Regional level within
21 days after receipt of the Step 3 decision, provided it is not an
interpretive issue.
• If either party feels an interpretive issue exists, the APWU
representative may appeal to Step 4 within 21 days of receipt of the
decision.