As union members, we strive at all times to support one another and defend each other’s rights at work. Through our contract campaigns, we have won protections that create more stable review and promotions processes and safeguard us from discrimination, retaliation, and harassment in the workplace. But we know that these protections outlined in our contracts are sometimes not enough to prevent unfair abuses of our rights.
The grievance process is your contractually-provided recourse when your rights have been violated. If you believe your department has violated your rights or are experiencing sexual harassment or discrimination based on your race, ethnicity, immigration status, gender identity, or disability, contact a grievance steward on your campus immediately. Being represented by UC-AFT means that your union has your back and you do not have to endure abuse on your own. Our grievance stewards are your colleagues, who understand how scary it can feel to speak up on your own. They have volunteered to assist you through the process along with your campus representatives and will do their best to be in touch with you as soon as possible.
When you contact your local campus steward or representative about a violation of your rights, be sure to include any and all details about the situation and specify whether you have any documentation of the incident(s). You should also indicate whether the dispute (unfair retaliation, harassment, discrimination, etc.) is ongoing. If possible, you might reference which part of our contract you believe the dispute relates to and can browse through our contract articles here. But in order to ensure your grievance is addressed, you must file a grievance claim within 30 days of when the incident occurred.
As union-represented employees, you have what are known as “Weingarten Rights,” a right to union representation during any investigatory interview with management. If you are asked by your supervisor or administrator to join a meeting that you reasonably believe might lead to discipline, you can request that a union representative of your choosing be present. Note: your supervisor or administrator does not have to notify you of your rights to union representation – you must assert your rights. To do so, say:
“If this discussion could in any way lead to my being disciplined, terminated, or could affect my personal working conditions, I respectfully request that my union representative be present. Until my representative arrives, I choose not to participate in this discussion.”
As a preliminary next step in your dispute, you and your grievance steward and/or campus representative will discuss the possibilities for an informal resolution of your dispute. All workload grievances at UC require a preliminary discussion with your direct supervisor and/or Department Chair during which you are entitled to union representation. If an informal resolution of your dispute cannot be made, UC-AFT will assist you in filing a formal grievance.
According to our Collective Bargaining Agreement, UC Labor Relations is required to follow-up within 15 days of filing your grievance to confirm receipt and schedule a formal meeting. At this meeting, you are entitled to union representation and can be accompanied by your grievance steward, campus representative, and/or fellow UC-AFT members. UC Labor Relations will undoubtedly bring a big team of lawyers – showing up to support your colleagues can be a great way to demonstrate that we have each others’ backs.
After the meeting, Labor Relations will send a formal letter with their proposed resolution of your claim. Along with your steward and campus rep, you will assess the opportunities for settlement outlined in the proposal and decide how you want to proceed. If the resolution seems promising, you can decide to put your grievance in “abeyance” and work to implement the recommendations with other parties involved in the dispute. If not, you can choose to appeal the resolution to the UC Office of the President.
Every grievance process begins by contacting your local chapter. Our union strives to be a source of mutual support and protection. The first step in any grievance process is to reach out to your colleagues and representatives on your local campus. Your union has your back!
