A grievance is an unjust action, practice, or condition committed by management. It is a statement that an employer, or someone acting on behalf of an employer, has violated a worker’s rights agreed to under the contract, through legislation, or through the employer failing to meet management’s policies and procedures.
WHAT IS GRIEVABLE?
A dispute concerning the application or interpretation of the terms of the contract.
A claimed violation, misinterpretation or misapplication of the rules or regulations, written policy or orders of the employer which employs the grievant affecting term and conditions of employment
A claimed assignment of employees to duties substantially different from those stated in their job specification
A claimed wrongful disciplinary action taken against a permanent, full time non-competitive Employee with one (1) year’s service in title or a provisional employee who has served for two years in the same of similar title.
STEPS TO FILING A GRIEVANCE
First determine if you have a grievable issue: discuss with shop steward or union staff representative
Gather all pertinent documentation to validate your claim
Fill out and submit grievance form to supervisor, director or the appropriate entity determined by the type of grievance
In some cases a Step 1 grievance hearing is held with a written response. In other cases no response is received
Grievance not resolved proceed to a Step II hearing held with agency Office of Labor Relations concluding with a written decision
Grievance not resolved proceed to a Step III hearing with NYC Office of Labor Relations
Grievance not resolved and if approved, case will proceed to binding arbitration. The arbitrator’s decision is binding and irrevocable
PLEASE NOTE: In all STEPS, Local 1180 must be notified and involved.
New York Administrative Employees Local 1180 Communications Workers of America, AFL-CIO
The name of this organization is Local 1180, Communications Workers of America, AFL-CIO. These bylaws are the rules and regulations governing Local 1180. The objectives of the Local are to represent and to serve its members in accordance with the Bylaws and the rules of the Local, and provisions of the Constitution and the policies of the Union, in attaining its aims, goals, and purposes, which are to further, to better, and to advance the careers, the financial status, the interests, and the general welfare of the Local's members; attain and maintain a fair rate of wages and proper working conditions for its members in both private industry and public employment; and to promote efficiency in the Municipal Government of the City of New York. To accomplish these aims, the Local shall elect officers and an Executive Board and shall establish whatever committees are required to lead it.
The New York State Constitution, Article V, Section 6 mandates that appointments and promotions in New York Civil Service are made according to merit and fitness.
“Appointments and promotions in the civil service of the State and all of the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained as far as practicable by examination which as far as practicable, shall be competitive…”
New York State Civil Service Law provisions deal with civil service matters for the state and local/municipal governments. Each local or municipal civil service agency has adopted rules to carry into effect the provisions of Civil Service Law. The local/municipal rules have the force and effect of law, and govern many aspects of merit system administration in the municipalities.