"Bull Files"

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Tips on Grievances

1.) Citing Regulations in the Grievance

Bob Marks, (Author)

Now, to some serious business. I have done arbitrations for the union for four years now. I would like to pass on some advice to anyone filing a grievance.

1). When asked to specify what was violated, keep it general. Do NOT fall for the trap in the FAA grievance form, "Article and Section violated". The proper response is, only,

"The CBA, FAA Rules, Regulations, Orders, and Practice, OPM Rules, regulations, orders and practice, Executive Orders, Law, the US Code, and the Constitution."

Trust me, at arbitration all the stupid sounding stuff above makes all the difference in the world.

2). For the remedy, include a sticker:

"Any and other relief as the arbitrator would deem just and proper."

The reason I say this is because we were challenged as far as what we were looking for in a particular case because of the way the original grievance was written. Keep it general, open, and we will prevail. This is not criticism, or complaint. Just advice to help the cause. Joe Bellino taught me this, and experience bears out his advice.

Bob Marks, SCT

Other Catch all Phrase for Citing Regulations

Rodney Turner, (Author)

The agency has violated pertinent provisions of the Collective Bargaining Agreement, as well as applicable provisions of government wide laws, rules and/or regulations.

Rodney

Howie Rifas, (Author)

There are several ways to do it, and more then one school of thought, but one way is to cite:

"It is alleged that management violated laws, rules, regulations, and the NATCA/FAA Agreement, examples of which include..."

Then go on and state as much of your case or as little as you want. You can put in actual articles from the contract at this point, and state "this is an example."

For instance, "the employee worked eight (8) hours on January 1, 1999, and did not receive holiday pay, in violation of Article 28 of the Agreement, as example."

There are other ways as well...

Howie Rifas

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