-how to file a grievance-
TRANSCRIPT
-HOW TO FILE A GRIEVANCE-
All of the information about grievances is attached to this. Please see the attachedMOU – page 3, Article 5. The administrative manual for filing a grievance is alsoincluded. READ THESE ATTACHEMENTS. They can answer all of your questions
about how grievances work.
Step 1 – TALK (this needs to happen ASAP)
In order to start a grievance you MUST have an IN PERSON conversation with your Immediate Supervisor ASAP for inform them that you will be filing a grievance against the ROOffice and Martin Adams. If you cannot have an IN PERSON meeting, then you can call them on the phone. If you cannot reach them an email may be sent. But and IN PERSON CONVERSTATION is the best way.
This is a conversation that you can have with just you and your immediate supervisor, or you can take along your Shop Steward or another person from your yard. Taking along someone who also know their rights can help to keep you on track in your conversation.
What is the grievance about?You received a “Notice to Respond- Verification of Vaccine Status” from Martin L. Adams, General Manager and Chief Engineer threatening discipline and implying termination. By their sending multiple notices threatening discipline and implying termination. This is harassment and creates a hostile work environment.
Step 2 - RECORD
You need to keep a record of this conversation! TYPE UP THE FOLLOWING IN AN EMAIL TO YOURSELF TO HELP YOU KEEP TRACK.-What time was the conversion?-Who was it with?-Where did it take place?-What was the supervisors reply?
-If they said “ok, let me get back to you about this” you have to wait FIVE days to send in your grievance paperwork because they are allowed five days to respond.
-If they said “no, you don't need to file that.” Then you can immediately file your grievance paperwork because “no” was them giving you an answer.
SIDE NOTE: Keep a pen and notebook on your for future documenting. When you are harassed about your status write it down. Keep a record.
Step 3 – FILE
If your supervisor has not remedied the situation with in FIVE days, it is time to file yourgrievance. This part requires some work on YOUR end, but we have made it easy for you.
Use the links below to find the MOU for YOUR department. It is VERY IMPORTANT thatyou reference the articles from YOUR DEPARTMENT'S MOU. The example included is for
'Steam Plant and Water Supply'. They are all very similar, but you can find the correct MOU byusing the links below.
link to All LADWP MOU'shttps://insidedwp.ladwp.com/webcenter/portal/hr/home/hrgroups/hg-labourrel/hg-lr-
ladwpmouor
https://insidedwp.ladwp.com/webcenter/portal/lr/home/ladwpmou?_adf.ctrl-state=16v1ihlmm_4
link to ALL LA City MOU'shttps://cao.lacity.org/MOUs/
The example used in the packet is part of MOU 50. DWP has at least 10 MOU's and there are more for the rest of LA CITY. YOU MUST VERIFY with YOUR DEPARTMENTS appropriate MOU.
The amendment 4 listed in the Grievance Template may be different for other MOU's like 41, 42, 47, 45, 54, and etc. Employee MUST make it applicable to their position. Use YOUR DEPARTMENT MOU to verify the information in the grievance is correct. Change what you need to so that is matches YOUR MOU.
NEED HELP?? Locate the section of the packet titled “THIS IS HOW YOU VERIFY YOUR MOU ARTICLES ARE THE SAME AS THE SAMPLE”. It will show you the stepby step process to verify.
At the end of this packet is the fill-able Initiation Grievance Form PDF. You can type right on the form. Just be sure that if you copy and paste the information you haveUPDATED THE ARTICLES TO FIT WITH YOUR MOU.
You MUST also send the grievance to the union and CC the attorney:• Brian D'Arcy - [email protected]• YOUR business rep (for example: Lozano, Marufo, Griggs, Corona, etc.)• Helena Wise - [email protected]
THIS IS HOW YOU VERIFY YOUR MOU ARTICLES ARETHE SAME AS THE SAMPLE
• STEP 1 – click on the link above to find the MOU for your department
• STEP 2 - Click on the + to open the tabs under your department
• STEP 3 – Find the MOST RECENT Amendments (it might be #4 or #5)
• STEP 4 – CLICK on that MOU Amendment and scroll to ARTICLE 26. It should look like this (if it does not talk about TERM then find the Article thatdoes):
• STEP 5 – VERIFY the Article stated in section D is Article 36.
• STEP 6 – GO BACK TO THE MOU PAGE and click on the full MOU•
• STEP 7 – VERIFY that Article 36 is where JOINT LABOR/MANAGEMENTRESOLUTION BOARD is discussed. If so, YOU ARE GOOD TO USE THE INFORMATION THAT IS PROVIDED IN THE SAMPLE.
THIS IS THE OPTIONAL WORDING FOR YOUR GRIEVANCE FORM
SECTION TITLE - “What is the action about or situation in which you have a grievance?” I received a “Notice to Respond- Verification of Vaccine Status” from Martin L. Adams, General Manager and Chief Engineer dated 12/1/21 @ 5:20PM, sent from “[email protected]” threatening discipline and implying termination. The implied discipline is a threat of termination, as stated by Eric Garcetti on Oct 20,2021 “Employees must be vaccinated by Dec 18th” and “employees not vaccinated by this date should be prepared to lose their job”. Also, I was harassed by Department email by the following Department Personnel and sections: • Beginning May 2020, at least 200 documents regarding Covid19 mandates were sent from the RO office, HR office, CAO, CSO, bulletins, and the General Manager.
• Xxxx And add individual calls/emails from management.
• Xxxx list ANY SUPERVISOR WHO HANDED YOU ANY NOTICE. Name and date. By their sending multiple notices threatening discipline and implying termination. This is harassment and createsa hostile work environment. This latest “Notice to Respond”, states that this is a direct work order to respond and “failure to comply may result in discipline.” Furthermore, the linked Vaccination Status page states “an employee who does not report their vaccination status will be considered unvaccinated”. This same statement was on a previous harassing 9/3/21 Bulletin #2021-226 from the CAO. Any question of employee vaccination status has already been answered by the non-response from employees which are complying with the instruction and providing the answer by not responding.
SECTION TITLE - “What do you think should be done about it?” An answer of employee vaccination status has already been provided by each employee that has not responded to the Verification of Vaccination Status notices. As stated in their web application sent for vaccine verification status, employees who “do not report their vaccination status will be considered unvaccinated”. Since I and otheremployees have answered and complied with the multiple requests for vaccination status by default, any question of employee vaccination status should have been resolved as of September 30 th, 2021. Furthermore, the union stated multiple times that an “Unfair Employee Relations Practice” has been filed meaning no final decisions have resulted from the covid mandates. This harassing treatment violates Title 7 of the Civil Rights Actof 1964 and the Genetic Information Nondiscrimination Act of 2008 (based on the effects of the mRNA vaccine). The emails are retaliation for opposing unlawful discriminatory practices due to my medical condition. Stop the harassing emails and stop all future violations of the aforementioned policies, procedures, acts, and laws.
SECTION TITLE - “What was your supervisor’s response? “Supervisor NAME handed me a sealed envelope and would not discuss it Or Supervisor NAME would not allowany discussion on this topic. (Add details which apply to your situation.)
SECTION TITLE - “Article of MOU” Amendment 4, article 26, section A, B, C, D. Article 36, sections 1 - 6 THIS MAY DIFFER, DEPENDING ON YOUR MOU. USE THE LINKS PROVIDED ABOVE TO VERIFY THIS. IF YOUR MOU IS DIFFERENT THEN STATE THE CORRECT ARTICLE AND SECTION. Instructions for this were provided in the previous section. If you still cannot find this information in your MOU please reach out to us.
SECTION TITLE - “Departmental Work Rule” Provide any appropriate rulesAdmin. Code Section 4.860, subsection a line (5)Policies of the Personnel Department, section 33.2DWP Administrative Manual 10-03 Code of Ethics, section XIII and XIVEEO PolicyDiscrimination Free work place policyMayor's Executive Directive No-23
SECTION TITLE - “What other person, besides yourself, do you want notified of any hearings held or actions taken?”Write in Helena Sunny Wise16654 Soledad Canyon Rd #529Canyon Country, CA 91387-3217Grievant's Attorney
Make 3 copies of this form once it's complete
1. one to give to your immediate supervision 2. one to keep3. one just for backup in case you need a copy
Email the form to:
• Brian D'Arcy - [email protected]• YOUR business rep (for example: Lozano, Marufo, Griggs, Corona, etc.)• Helena Wise - [email protected]
The Administrative Manual is included in this packet. Itwill have all the information about what to do next and
how long they have to reply.
** If you found this packet helpful please donate atwww.FreedomToChooseUSA.com**
8.2
Section WORKING RULES
ADMINISTRATIVE MANUAL
Subject
Employee Grievances
DATE 04-10-78 Page 1 of 4
SUPERCEDES 04-15-76
This is the policy and procedure for adjustment of employee grievances arising out of employment by the Department, excluding grievances for which adjustment is provided by Section 3.10 hereof and discharges or suspensions for cause which have an administrative remedy before the Civil Service Commission.
Any grievance (“grievance” as hereinafter used shall be deemed to mean any dispute concerning the interpretation or application of Departmental rules and regulations governing personnel practices or working conditions applicable to employees) of an employee shall be adjusted in accordance with the policy and procedure set forth below.
8.2(a) POLICY
(1) Nothing in this Grievance Procedure shall be construed to apply to matters for which an administrative remedy is provided before the Civil Service Commission. Where a matter within the scope of this Grievance Procedure is alleged to be both a grievance and an unfair employee relations practice under the jurisdiction of the Employee Relations Board, the employee may elect to pursue the matter under either the Grievance Procedure herein provided, or by action before the Employee Relations Board. The employee’s election of either procedure shall constitute a binding election of the remedy chosen and a waiver of the alternative remedy.
(2) No grievant shall lose his right to process his grievance
because of Department-imposed limitations in scheduling meetings.
(3) The grievant has the responsibility to discuss his grievance
informally with his immediate supervisor. The immediate supervisor is obligated, upon request of a grievant, to discuss the grievance with him at a mutually satisfactory time. The grievant may be represented by a representative of his choice in the informal discussion with his immediate supervisor, and in all formal review levels.
(4) The time limits between steps of the Grievance Procedure
provided herein, may be extended only by mutual agreement. In addition, by mutual agreement, one level of review may be waived from the Grievance Procedure.
8.2
Section WORKING RULES
ADMINISTRATIVE MANUAL
Subject
Employee Grievances
DATE 04-10-78 Page 2 of 4
SUPERCEDES 04-15-76
8.2(b) GRIEVANCE ADJUSTMENT PROCEDURE (1) Informal Discussion. The grievant shall discuss the
grievance with his immediate supervisor on an informal basis in an effort to resolve the grievance and said grievance shall be considered waived if not so presented to the immediate supervisor within ten (10) calendar days following the day during which the event upon which the grievance is based occurred or within ten (10) calendar days following the date when the grievant should have reasonably been aware of the occurrence of the grievance.
The immediate supervisor shall respond within five (5) calendar days following his meeting with the grievant. Failure of the immediate supervisor to respond within such time limit shall entitle the grievant to process the grievance to the first level of review within the time limits prescribed in the first level of review.
(2) First Level of Review. If the grievance is not settled during
the informal discussion, the grievant may serve written notice of the grievance on the form prescribed by the Department upon the person designated by Management to review the grievance at the first level of review within seven (7) calendar days of receipt of the grievance response, or the expiration of time limits if no response is received during the informal discussion. Failure of the grievant to serve such written notice shall constitute a waiver of the grievance.
If such written notice is served, said person shall meet with the grievant, and a written decision or statement of the facts and issues shall be rendered to the grievant, within fifteen (15) calendar days from the date of service. Failure of Management to respond within such time limit shall entitle the grievant to process the grievance to the second level of review within the time limits prescribed in the second level of review.
8.2(b) GRIEVANCE ADJUSTMENT PROCEDURE (continued)
(3) Second Level of Review. If the grievance is not settled at the first level of review, the grievant may serve written
8.2
Section WORKING RULES
ADMINISTRATIVE MANUAL
Subject
Employee Grievances
DATE 04-10-78 Page 3 of 4
SUPERCEDES 04-15-76
notice of the grievance on the form specified in the first level of review upon the person designated by Management to review the grievance at the .second level of review within seven (7) calendar days of receipt of the first level of review grievance response or the expiration of time limits if no response is received. Failure of the grievant to serve such written notice shall constitute a waiver of the grievance.
If said written notice is served, said person shall meet with the grievant within fifteen (15) calendar days of the date of service. A written decision shall be rendered to the grievant and his representative, if any, within twenty-two (22) calendar days of the date of service. Failure of Management to respond within such time limit shall entitle the grievant to process the grievance to the third level of review within the time limits prescribed in the third level of review.
(4) General Manager and Chief Engineer’s Review (third Level
of Review). If the grievance is not settled at the second level of review, then the grievant may serve written notice of the grievance on the form specified in the first level of review upon the General Manager and Chief Engineer or his designated representative, within seven (7) calendar days following receipt of the grievance response, or expiration of time limits if no response is received at the second level of review. Upon request, the time limits will be automatically extended to twelve (12) calendar days. Failure of the grievant to serve such written notice or make such request shall constitute a waiver of the grievance.
8.2(b) GRIEVANCE ADJUSTMENT PROCEDURE (continued)
If such notice is served, the grievance should be heard by the General Manager and Chief Engineer or by his designated representative who will afford the party(s) an opportunity to present oral and/or written arguments on the merits of the grievance. The General Manager and Chief Engineer or his designated representative shall render to the grievant or his representative, if any, a written decision
8.2
Section WORKING RULES
ADMINISTRATIVE MANUAL
Subject
Employee Grievances
DATE 04-10-78 Page 4 of 4
SUPERCEDES 04-15-76
within fourteen (14) calendar days from the day said arguments were submitted. Upon request the time limits will be automatically extended to twenty-four (24) calendar days.
(5) Board of Water and Power Commissioners’ Review (Fourth
Level of Review). In the event a grievant is not satisfied with the written decision of the General Manager and Chief Engineer, or his designated representative, then said grievant may seek review by the Board of Water and Power Commissioners. The grievant must serve upon the Board of Water and Power Commissioners within seven (7) calendar days following receipt of the grievance decision in the third level of review, a written notice on the form specified in the first level of review of his desire for review. Failure of the grievant to serve such notice shall constitute a waiver of the grievance.
If such notice is served, the Board of Water and Power Commissioners shall afford both parties an opportunity to present oral and/or written arguments on the issues of the grievance that has not been satisfactorily resolved.. It is the intent of the Board of Water and Power Commissioners to render a decision within thirty (30) calendar days from the day said arguments were concluded.
[Title Amended and Section Renumbered, October 10, 1947]
[Amended April 15, 1976]
M E M O R A N D U M
OF
U N D E R S T A N D I N G
Between
THE CITY OF LOS ANGELES, DEPARTMENT OF WATER AND POWER
and
LOCAL 18 OF THE INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS
Steam Plant and Water Supply Unit
October 1, 2002
through
September 30, 2005
*this is an edited version
showing you just Article 5*
3
The use of plural nouns shall be understood to include the singular and vice versa, where appropriate.
ARTICLE 4 NON-DISCRIMINATION
The parties mutually recognize and agree to protect those employee rights granted in the Employee Relations Ordinance of the City of Los Angeles and applicable State and Federal laws, including the rights of all employees covered herein to join and participate in the activities of the Union. The parties mutually recognize and agree that the provisions of this MOU shall be applied equally to all employees in the Unit without discrimination because of disability, race, color, sex, age, religious creed, union activity, national origin, ancestry, political belief or sexual orientation.
ARTICLE 5 GRIEVANCE PROCEDURE
Definition A grievance is defined as any dispute concerning the interpretation or application of this written MOU and/or Departmental rules and regulations governing personnel practices or working conditions applicable to employees covered by this MOU. An impasse in meeting and conferring upon the terms of a proposed MOU is not a grievance. General Provisions
a. Nothing in this grievance procedure shall be construed to apply to matters for which an administrative remedy is provided before the Civil Service Commission. Where a matter within the scope of this grievance procedure is alleged to be both a grievance and an unfair labor practice under the jurisdiction of the Employee Relations Board, an employee may elect to pursue the matter under either the grievance procedure herein provided, or by action before the Employee Relations Board. The employee's election of either procedure shall constitute a binding election of the remedy chosen and a waiver of the alternative remedy.
4
b. No grievant shall lose the right to process a grievance because of Department-imposed limitations in scheduling meetings.
c. Grievants have the responsibility to discuss their
grievances informally with their immediate/appropriate supervisor. The supervisor is obligated, upon request of a grievant, to discuss the grievance at a mutually satisfactory time. Grievants may be represented by a representative of their choice in the informal discussion with their immediate supervisor, and in all formal review levels.
d. The time limits hereinafter provided between steps of
the grievance procedure may be extended only by mutual agreement. In addition, by mutual agreement, any level of review may be waived from this grievance procedure. Agreements under this section shall be made between the Labor Relations Office and the employee's representative or the employee if unrepresented.
All written grievances and appeals must be either received in the Labor Relations Office or postmarked by the U. S. Postal Service within time limits set forth in this Grievance Procedure.
e. Management shall notify the Union of any formal grievance filed that involves the interpretation and/or application of the provisions of this MOU, and a full-time Union Staff Representative shall have the right to be present and participate in the discussion at any formal grievance meeting concerning such a grievance. If a full-time Union Staff Representative elects to attend said grievance meeting, the representative shall inform the Labor Relations Office of that fact. The Union is to be notified of the resolution of all formal grievances.
f. It is understood and agreed that Section 3502 of the California Government Code grants to public employees the right to represent themselves individually in their employment activities which includes grievances. Nothing in this MOU shall be construed as to abridge, limit or restrict that right.
5
g. Employees who file a grievance and elect representation by the Union shall be permitted to be present and testify at any step of the grievance procedure if their attendance is requested by either the Union or Management.
h. Expedited arbitration and/or a bench decision may be used by mutual agreement.
Union Procedure
Preamble The purpose of this Procedure is to solve problems fairly and as expeditiously as possible at the lowest possible level. This Procedure is a problem solving process. At each step, a good faith effort will be made resolve the issue. I. Informal Step
• The grievant and/or the Union will meet informally with the appropriate supervisor/manager to resolve all issues within their level of authority.
• The grievant and/or the Union will notify the appropriate
supervisor/manager within fourteen (14) calendar days of the date of the grievable incident or within fourteen (14) calendar days of the date the grievant and/or the Union should have reasonably been aware of the incident.
• The grievance shall be considered waived if not presented
within the fourteen (14) day time limit.
• It is the intent of the parties that responses be given to the grievant and/or the Union as soon as possible, but, due to special circumstances or length of investigations, supervisor/managers will have up to fourteen (14) calendar days to respond.
• If the grievance is not resolved at the informal step, a
formal intent to file a grievance may be filed within fourteen (14) calendar days of the response.