7-73 Definition of a formal grievence

Question 1

DEFINITION OF A FORMAL GRIEVANCE

General Knowledge

Answer 1

1. A grievance is a claimed:
   a. Violation or
   b. Misinterpretation, or
   c. Inequitable application
2. Of the provisions of:
   a. Collective bargaining agreements, or
   b. Existing policies, or
   c. Regulations of the department
3. Affecting the terms or conditions of employment

Question 2

Under what circumstances can a direct order by a superior officer not be carried out?

Answer 2

1.
A direct order by a superior officer, under all circumstances, must be carried out.
2.
Objections can then be raised at a later date through formal grievance procedure.

Question 3

Prior to a formal grievance presentation every effort shall be made to do what actions?

Answer 3

1. Prior to a formal presentation every effort shall be made
   a. Through discussions with member’s immediate superior
   b. To identify and remove cause.
2. The grievance machinery works best when most of the grievances are settled at lower levels, leaving a minimum of disputes for appeals to higher steps and to arbitration.

Question 4

Who may initiate a grievance at Step I?

Answer 4

IV 1.

a. Only the aggrieved member.
b. Only on matters covered by the definition of a grievance in CBA’s.

Question 5

Who may initiate a grievance at Step III?

Answer 5

IV 2.

a. Must be initiated by the certified labor union involved.
b. It cannot be initiated by member.
c. It must be covered by the definition of a grievance in CBA’s’.
d. It must be department wide in scope and capable of solution at Commissioners level or arbitration.

Question 6

Who may appeal a decision in step I, II, or III?

Answer 6

IV 3.

a. If a decision at Step I is not acceptable, only aggrieved member may appeal to Step II.
b. If a decision at Step II is not acceptable, only aggrieved member may appeal to Step III, individually or by his representative.

Question 7

Who may appeal a decision from step III to step IV?

Answer 7

IV 3.
c. If a decision at Step III is not acceptable, the union solely has the right to bring the
grievance to Step IV.

Question 8

Formal grievance procedures cannot be used when the member cannot do what?

Answer 8

1.
If the aggrieved member, initiating a grievance, cannot specify an article of the CBA, a section of the Regulations, or a policy, as expressed in AUC’S; PA/ID’s; Department Orders; Directives etc., which has been violated, misinterpreted pr inequitably applied, the formal grievance procedures cannot be used.

Question 9

A formal grievance must be initiated within how many days of date on which claimed violation, etc., occurred?

Answer 9

In a formal grievance preparation, aggrieved member prepares six (6) copies of Form BP85. It must be initiated within 120 days of date on which claimed violation, etc., occurred.

1. Two copies to hearing officer at Step I
2. One for aggrieved member
3. One for Unit file
4. For subsequent use - Two
5. Indicate Step I and date on form