Almost all collective-bargaining agreements contain a grievance and arbitration procedure to resolve contract violation and other employee and union disputes. The WCEA grievance procedure is described in Article 32 of our contract and has three levels or steps involving progressively higher-level management personnel.

It is important to understand that grievances pertain to contract violations by management not conflicts between bargaining unit members. Conflicts between employees must be handled by management. The association will be close at hand, however, to make sure rights are not violated during the process.

Normally a grievance occurs when management: a) takes a prohibited action; b) fails to take a required action; c) misinterprets the contract or; d) applies the contract unfairly.

When filing a grievance the specific act or omission affecting the employee must be identified. The employee who files the grievance must call the WCEA office and be prepared to specify: a) what contract provision has been violated and b) what remedy is being sought. Although the paperwork will be done at the WCEA office our contract requires that all grievances must be signed by the affected employee. Members may not file grievances on their own without going through the WCEA office.

The Association has an obligation under federal law to investigate all grievances to determine the merits of the grievance. Grievants may not be retaliated against, threatened or harassed because of their good-faith grievance activity. Management commits an unfair labor practice if it tries to intimidate a grievant or interferes with the grievance process in any way.

So again, if you feel you may have a grievance call the WCEA office. A grievance of merit can continue through to costly arbitration. Once a grievance appears to be headed for arbitration it will be brought before our attorney and your Board of Directors for approval. At that point, merit and chances of a positive outcome are weighted in making a decision to arbitrate. A typical cost through arbitration is between $3,000 to $5,000 or more per case so we try not to get to that point if we can help it. However, it is costing the County an equal amout to violate your rights and your current Board of Directors maintains a strong stance in defending member's rights.