SANTA CRUZ COUNTY
PERSONNEL ADMINISTRATIVE MANUAL

PURPOSE:

To provide a checklist for department representatives who are involved in grievances.

LEGAL BASIS:

Each representation unit has a negotiated grievance procedure. This is found in the MOU for that unit. These are found on OPRI in the Personnel Regulations menu.

POLICY:

If you receive a grievance, you need to contact your department management and the Employee Relations Program Manager immediately. Familiarize yourself with this checklist but do not respond to a grievance on your own.

CHECKLIST FOR HANDLING GRIEVANCE OUTLINE

1. GETTING THE GRIEVANCE

    

   • Let the grievant tell his story (listen)
   • Don't personalize the issues
   • Take notes, keep a record
   • Ask the grievant to repeat his story (look for hidden complaint
   • Get names
   • Get times
   • Get the section of the contract allegedly violated
   • Get the remedy desired
   • Repeat the essentials of the grievance to the employee in your own words

2. GET THE FACTS
   • Check the agreement, policies and regulations
   • Check the time limits
   • Check grievability
   • Check policy and practices
   • Check previous grievance settlements for precedent
   • Check the experience of others in similar cases
   • Seek advice if necessary

3. GIVE YOUR ANSWER
   • Reach a preliminary decision and check it with your superior or a personnel representative
   • Settle the grievance at the earliest moment that a proper settlement can be reached
   • Write a simple answer to the grievance
   • Explain your position orally
   • Explain the employee's right to appeal

4. FOLLOW-UP
   • Make sure any action you promised was carried out

   • Know your employees and their interests

   • Once it is made, stick to the decision

   • If you have done all of the above, expect management's support

COUNTY OF SANTA CRUZ GRIEVANCE HANDLING CHECKLISTc WITH EXAMPLES

Use the procedure to resolve disputes - EXAMPLE:

If an employee or a group of employees refuse to follow orders because they believe the orders violate a regulation or policy, always advise them that they have the right to use the grievance procedure to resolve the dispute, but that in the meantime they are obligated to obey orders. This allows operations to continue in an orderly manner while employee still maintains the right to resolve the dispute through the grievance procedure.

1. GETTING THE GRIEVANCE
   • Let the grievant tell his story (listen)
   • Don't personalize the issues
   • Identify the violation.
   • Give names and times.
   • Where possible, require the employee or representative to identify the specific law, rule, policy, or procedure allegedly violated. Ask: (1) what provision was allegedly violated, and (2) how did management violate this provision?
   • Take notes, keep a record
   • Ask the grievant to repeat his story (look for hidden complaint)
   • Put the burden of proving the violation on the employee or representative.
   • Don't be on the defensive. Listen to the employee's challenge of the particular application of a law, rule, policy, or procedure.
     Defending management's right to take an action is not necessary.
   • Repeat the essentials of the grievance to the employee in your own words
   • Comply with time limits
   • The first level of review has 30 days to respond in writing to the grievance.
   • Don't interfere with established time limits
   • Don't do anything to cause an employee or representative to fail to comply with the time limits.
   • Determine the remedy sought.
   • Always make the employee or representative state clearly what is wanted as a solution to the grievance. The cost of the solution or the precedence involved may be major factors in determining how to handle the grievance.

2. GET THE FACTS
   • Investigate all grievances
   • Investigate and handle each grievance as though it eventually may result in an appeal. When the grievance initially is discussed with you, you do not know whether it will go all the way to an appeal. It is better to treat it carefully and properly at your level than to wish you had done so after it has been appealed to a higher level.
   • Check the time limits
   • Check grievability
   • Examine provisions of law, rules, and policies.
   • Always examine any provisions which you believe are related to the issue at hand. If the provisions are unclear or are inconsistent, get an interpretation from higher management.
   • Visit the work area
   • If the physical location or condition of the work place has anything to do with the grievance, make sure you personally visit the work area so you can see for yourself what the conditions are.
   • Question other supervisors
   • If the grievance involves a case of questionable facts or information, question other supervisors to get another opinion.
   • Check the experience of others in similar cases.
   • Become familiar with grievant's personnel record.
   • For some types of grievances, it is helpful to know the grievant's personnel records, such as:
     
     
     • length of service
     • absenteeism
     • tardiness
     • work effort
     • workmanship
     • discipline record

   • You should try to obtain the information if you think it would be useful in the particular grievance at hand.
   • Look into prior grievance settlements
   • If you are dealing with an issue with which you are unfamiliar, you should determine whether any prior grievance settlements in your department relate to the issue. This will develop consistency in grievance handling.
   • Obtain pertinent records.
   • Secure any records that relate to the case, such as attendance records, production records, payroll records, etc.
   • Record results.
   • Record all results of your investigation, including management's position, arguments, witnesses, evidence, and participants in discussions.
   • Seek advice if necessary

3. GIVE YOUR ANSWER
   
   
   • Don't decide if you are in doubt.
   • Don't settle a grievance if in doubt; investigate and review the matter further.
   • Reach a preliminary decision and check it with your superior or a personnel representative
   • Settle the grievance at the earliest moment that a proper settlement can be reached
   • Don't resolve grievance on the basis of what is claimed to be "fair."
   • Even though the employee may make an emotional plea that the rule or policy is not fair. Remember that these State and departmental regulations are the final judge of what is fair or unfair and of what is owed, entitled, and deserved.
   • Write a simple answer to the grievance.
   • Make reasons for sustaining a grievance clear and concise.
   • Point out the specific reasons which allow you to support the grievance.
   • Keep denial of grievance brief.
   • Generally, do not give long written grievance answers. If you must deny the grievance, ordinarily it is better to do so orally, then follow-up with a brief written denial statement (if the grievance is at the written step).
   • Explain your position orally
   • Explain the employee's right to appeal

   IV. FOLLOW-UP

   • Make sure any action you promised was carried out  
   • Know your employees and their interests
   • Once it is made, stick to the decision