AFSCME LOCAL 2728

This is an update on the Council 5 Grievance/Arbitration Policy Review.  On 6/16/06, the AFSCME MN Council 5 Executive Board changed the policy and procedure on Grievances and Arbitrations and it applies to all grievances filed on or after 8/01/05.  Here is some general information:

Oral and Written Reprimands

Our Local Executive Board has the discretion to determine whether or not just cause provisions have been violated and thus, whether a grievance should be filed in cases of oral and written reprimands.  Example: If the employer has a specific (outlined) policy regarding a specific violation (No call/No Shows, Tardiness) and the employee has violated the policy, the local may determine that there is no violation of just cause and a grievance need not be filed.  In other words, if you're late for work 3 times in a month and the policy on that specifically spells out that the member is to receive a written reprimand, a grievance WILL NOT be filed. Our local Executive Board may also determine that no further appeal is appropriate following the Employer's last response at any step in the process.

Grievance Steps:

Step 1=Immediate Supervisor

Step 2=Immediate Supervisor's Supervisor (Example: The Captain for Correctional Officers)

Step 3=Head of the Department at your work site (Example: The Warden for Correctional Officers)

Step 4=Arbitration (after the Step 3 is lost, our local's Chief Steward will file the Step 3 Grievance, if it is appropriate, and send it to the Business Agent who will prepare the case and present it to the Council 5 Arbitration Review Team located at 300 Harman Ave., South St. Paul, MN.)

Our Local has adopted a procedure to determine if a grievance should be filed for a member.  If a member wants to grieve an oral or written reprimand, that member must approach an elected officer or a steward (see the attachment for a list of such people) and ask that a grievance be filed.  The Executive Board (consists of the President, Vice-President, Secretary, Treasurer, and 3 other elected members) will be given the facts about the discipline and will vote on whether to file a grievance or not.  This is a change from the old way in which EVERY discipline was grieved and it was the elected officers job to seek out the disciplined member and ask that member if they want to grieve the discipline.

Suspensions and Terminations

The member who has received discipline must request that a grievance be filed on their behalf.  The grievance should proceed through Steps 1-3 and if it is not resolved by Step 3, it should be submitted to the Business Agent who will then present the grievance to the Council 5 Arbitration Review Team for analysis and determination regarding arbitration.

If the Arbitration Review Team decides to not arbitrate, the local union can appeal the decision within 35 days' notice of the Arbitration Review Team's Decision.  The Council Executive Board (The Arbitration Appeal Committee) would then consider the local union appeal and make a final decision regarding arbitration.