Did You Know: How The Grievance Procedure Works?

These are the high points we think you should know as one who has grievances from those who file grievances.  Without getting too deep into the inner workings, it can be broken down into five steps pretty well: The Event, Informal Step A, Formal Step A, Step B and Arbitration.

The Event

There are two types of grievances: Contract Cases and Discipline.  In a contract case, management has violated the contract somehow (mandating inappropriately, crossing crafts, etc.) and we are seeking to correct it.  In a discipline case, a carrier has been issued discipline and we are seeking to defend them. 

If you think you have a contract grievance, request to see a steward to begin an investigation (it’s best to do so in writing, with a date to protect yourself from any delays management might cause).  To help us, keep notes—have dates and times of potential violations available for us.  If management asks why you need to see a steward, you don’t have to make your case to them—just give a general answer.  If you’ve received discipline, similarly request to see a steward in the case we might not be aware.

In either case, there is a specific window during which action can be taken: 14 days from the event.  In a contract case, the clock begins ticking the day after the contract was violated.  In a discipline case, the clock starts the day after the discipline was issued.  So, if I was caught on Tuesday not wearing my seatbelt and discipline was issued on Friday, the clock starts on Saturday, not Wednesday.

·      Note: Signing your discipline is not an acceptance of management’s claims or an admission of guilt.  It is helpful to us if you do sign your discipline (not “welcome back packets,” but actual discipline) because it establishes the date you received it.  It could be that management wrote up your discipline on Monday, but the office was too busy for them to issue it, then you were off Tuesday and you didn’t get it until Wednesday.  Do you trust management to go back and change the date on top from Monday’s to Wednesday’s?  Well, if you refuse to sign, their date could be the one we’re given and then we’ve lost two days of our investigatory period right off the bat.

While investigating, a steward might find there is not a grievance to be pursued and will let you know.

Informal Step A

Here, the union has been made aware of the problem and investigates what actions can be taken next. Somewhere within the 14-day window, an informal meeting will be held between management and ourselves.  The grievance can either be settled or sent to Formal Step A.

Formal Step A

Here, the window shrinks from 14 to 7 days—the parties have seven days to meet formally after an unsettled Informal A Meeting.  This meeting isn’t too different from the informal, except it is generally between higher levels of the union and management and is conducted more formally than the Informal A.  A larger volume of information will be shared between the two parties and this is the last step that remains “in-house.”  If a grievance isn’t resolved at the Formal A, it gets sent “up” to Step B or the Dispute Resolution Team (DRT).  At that point, it’s out of our hands at the local level.

Step B

At Step B, time limits go away because there is a huge backlog nationwide of grievances waiting to be heard at that level.  Here, professional regional representatives of the NALC and USPS review the case files sent “up” from all the locals.  They use what information (and only what information) is sent to them to make determinations which, again, is why it is important for us at the local level to have as much time as possible to build a strong case file.  If the Step B teams reach an impasse (they are unable to resolve at that level), it gets sent “up” once more.

Arbitration

This step most closely resembles an actual court proceeding.  An arbitrator will be assigned to the case from a jointly-appointed panel and NALC and USPS advocates will argue each side much like prosecution and defense attorneys, with the arbitrator in the role of the judge. 

So, now you know a little bit more about how the grievance procedure works.