INSTRUCTION SHEET HPAE GRIEVANCE WORKSHEET

CONTRACT VIOLATIONS The HPAE Grievance Worksheet has two purposes: 1) To help Reps, officers, and staff identify the relevant facts, proofs, and arguments of a grievance so that we can be effective advocates for our members, and 2) To provide a comprehensive summary of each grievance so that Local Executive Board (LEB) and State Executive Council (SEC) members can make informed decisions about which grievances should be submitted to arbitration. The HPAE Grievance Worksheet is an internal, union document and must not be provided to management.

FIRST PARAGRAPH/BASIC INFORMATION

Most of the information is self-explanatory. However, please note the following: Arbitration Filing Deadline Include this date once we have managements response at the last step before arbitration. Type of Violation: Contract violations include any violation of the contract except for disciplines. Past Practice or Policy violations involve no explicit contract language, but a violation of past practice or the employers own policies.

SECTION 1 - BASIC ISSUES AND ARGUMENTS

Issue This is what we write in the Grievance Report form under Issue(s) Involved in the Grievance. It is a one sentence description of how the employer violated the contract. Example: The Employer has failed to provide a healthy and safe work environment for staff in the Behavioral Health unit.

Background/Facts of the Case In this section, provide factual details about the issue. It includes the what, where, when, and why of the grievance. For example: Or, a contract violation matter, in this case regarding health and safety:

Since July 1, 2010, staff in the Behavioral Health unit have been complaining about bad air quality in the unit, which is a closed and locked unit. There are no windows that can be opened. Several staff have had problems with upper respiratory ailments and the patients seem to be affected as well. In response to the complaints, management had a staff person from Physical Plant check the air, but no remedial action was taken. The Union filed a grievance a month later, on August 1, 2010. Unions Position: Arguments and Evidence - List the unions arguments about how the contract has been violated and the proofs for each argument. Argument #1 - The Employer has an obligation to provide a healthy and safe work environment; and they did not meet this obligation. Proof: Article ____, Section ____ of the collective bargaining agreement. Argument #2 - The problem could have been remedied without a huge expenditure of money. Proof: Testimony of several bargaining unit staff and a staff person from the Physical Plant department. Remedy sought As in the Grievance Report form, describe the make whole remedy appropriate to the grievance. For the grievance above: The Employer to immediately remediate the health and safety problem. Employees who used sick days due to the bad air quality to have those days returned to their sick day bank. Employers Position: Arguments and Evidence List the reasons the employer has for their position and their evidence to back up that position. The Employers position in the health and safety grievance might be as follows: Argument #1 The air quality was tested and was within acceptable levels. Proof: Testimony from Director of the Physical Plan department and OSHA regulations. Argument #2 Regular maintenance of the air ducts and vents takes place two times a year. Proof - Log book of job tasks from the Physical Plant department

SECTION 2 INFORMATION AND DOCUMENTS

Information Checklist Check off the appropriate boxes. For any relevant information that you do not have, make every effort to obtain the information immediately. Information requests to management Provide details of the request(s). Requests for information should be made in almost all grievances. Sample request letters are available for Reps and officers. Schwartz The Legal Rights of Union Stewards has a particularly useful chapter on information requests. Witness Statements These are essential for many contract violation cases. MAKE SURE YOU GET THE STATEMENTS AS SOON AS POSSIBLE TO ENSURE ACCURATE RECOLLECTION OF THE FACTS. You should have one witness statement for each witness cited in the Proofs section above. Similar Grievances/Arbitrations in the Past Examine grievance files in the possession of current Reps and officers, or those located in the HPAE office.

SECTION 3 - EVALUATION AND DECISION

LEB Decision Check the appropriate box and fill in the rest of the section. All grievances considered for arbitration must be reviewed by the LEB. Staff Rep Evaluation The Staff Rep provides his/her opinion on the strengths and weaknesses of the grievances.