 |
 |
 |
 |
 |
 |
 |
 |
 |
What is a Grievance?
A grievance is a dispute concerning the interpretation, application or claimed violation of a specific term or provision of the CBA, which includes sections of the Policies of the Board of Trustees, State of New York.
Note: College by-laws, policies and operating procedures in or any other guidline by whatsoever name are not subject to the grievance procedures in the collective bargaining agreement.
Informal Resolution:
Where practicable, the grievant may be required to meet with the department or division chairperson, Dean or other appropriate administrator with a representative of the employees choice in an effort to resolve the grievance informally.
Do you need to file a Grievance?
Read these questions carefully:
- Do you have a problem that can not be resolved through an informal resolution?
- Has the dispute in question occurred within the past 45 days?
- Have you receive a Discplinary Notice in the mail within 10 days?
If you answered "Yes" to any of these questions, then contact your Grievance Officer immediately.
If none of the above are applicable, then you may just have a complaint, improper practice charge or you may have a matter that requires the services of a different agency.
You probably do not need to file a grievance.
Grievance Officers
What Exactly is a Grievance?
ARTICLE 7 Agreement 2011-2016
- A grievance is a dispute concerning the interpretation, application or claimed violation of a specific term or provision of this Agreement; provided, however, that with respect to matters involving appointment, evaluation and promotion of employees a grievance shall be deemed to mean a claimed failure by the State to follow the procedural steps relating to appointment, evaluation and promotion of employees contained in the Policies of the Board of Trustees in Article XI, Title A, Section 1; Article XI, Title D, Section 5; Article XII, Title A, Section 3; Article XII, Title B, Section 1; and Article XII, Title C, Sections 3 and 4.
- A grievance shall also be a claimed failure by the State to follow the procedural steps contained in the Memorandum of Understanding on Contracting Out; however, review of such grievances shall end at Step 3 and shall not proceed to arbitration.
- A claim of unjust discipline shall be processed in accordance with Article 19, Discipline, of this Agreement and shall not be subject to the grievance procedure contained in this Article. However, a claim that the procedures of Article 19, Discipline, have been violated, except for issues of timeliness arising under that Article, shall be processed in accordance with the grievance procedure contained in this Article. Such claim may be filed initially at Step 2. Where it is determined that the procedures of Article 19, Discipline, have been violated and where a College President, or designee, elects to proceed with disciplinary action, such action must be initiated within 10 working days from the date of receipt of the determination.
Requirements for Filing Grievances
- A grievance must be submitted in writing on forms to be provided by the State. Contact your Grievance Officer if you think you may have a grievance.
- Each grievance shall identify the specific term or provision of the Agreement claimed to have been violated and shall contain a short, plain statement of the grievance, the facts surrounding it and the remedy sought.
- A grievance appeal shall be regarded as filed even if copies of the appeal are not simultaneously sent to the College President, or designee, and the Chancellor, or designee, as required by grievance Steps 2, 3 and 4 of this Article. However, no grievance shall be reviewed unless all of the information required by the grievance form or otherwise required by grievance steps of this Article has been provided.
