By Sean McNeill, CEIU National Union Representative

In a prior post, we situated the grievance form within the grievance process and discussed best practices when completing the details section.

In this article, we would like to share with you the essential information about grievance transmittals.

What is a grievance transmittal?

A grievance transmittal is the transfer of the grievance from one level to the next. At each level, dialogue takes place with the grievor and with management.

Each level contains within it the component parts of fact-finding, analysis, informal discussion and, where required, a formal hearing and decision.

Grievances are usually transmitted from one level to the next after a decision has been communicated after a formal hearing but, in some cases, they are transmitted prior to this final step.

What the collective agreement says

Article 18.11 allows for up to four levels, but our departments contain only three. A grievance always begins at the first level, which is the level of local management, except for two scenarios.

First scenario: managerial conflict

Article 19.02 states that a level may be waived “if a person hearing the grievance is the subject of the complaint”. It states that only one level can be waived under this provision without the consent of management.

This article should be a rare occurrence and requires more than a mere suspicion of impropriety, bias, or discrimination by the level manager. The intent is that grievances which concern specific acts of discrimination, interference, coercion or harassment by a level manager will be transmitted above that manager, as they cannot objectively evaluate the grievance.

A grievance concerning harassment by another employee, the denial of accommodation or other entitlements, or any general interpersonal dispute between a grievor and the level manager are not valid reasons to invoke article 19.02.

Second scenario: level of authority

Article 18.23 states that a grievance should be transmitted, “where it appears that the nature of the grievance is such that a decision cannot be given below a particular level of authority”. This article can be used to transmit to the second or third and final level.

Article 18.23 is correctly applied in two key circumstances:

1. Whenever the CEIU national office communicates that a standing agreement exists with the department to transmit a category of grievances. For example: Phoenix grievances.
   
2. Whenever a written decision of management, giving rise to the grievance, is authored by a manager that sits above the first level manager in the department’s hierarchy.

Why first level grievance matters

Starting grievances above the first level is not in the best interest of the grievor, except where articles 19.02 or 18.23 are correctly applied. Again, a mere suspicion that a level manager cannot decide the matter is insufficient. It is up to the steward to make the right judgement, and we cannot rely on level managers to intervene and apply the transmittal articles correctly.

A grievance that omits the first level misses the opportunity to gather facts, discuss the matter informally, and to have documented the level manager’s response. This can make an otherwise viable grievance difficult or impossible to win at the higher levels.

Working from first principles

Stewards may be tempted to try to commit to memory how different grievance scenarios should be treated for transmittal. This is not the right approach. Grievances should be assessed on their individual conditions and assumptions should not be made about their circumstances. Instead, apply these first principles when examining a grievance:

1. Grievances must be heard at first level, except where articles 19.02 or 18.23 apply.
   
2. A transmittal based on 19.02 must be more than a mere suspicion of ill intent. It must be directly related to the incident giving rise to the grievance.
   
3. A transmittal based on 18.23 must either be under instruction from the national office (the treatment of a class of grievances) or otherwise be demonstrated as necessary due to a written decision of management above the first level manager.
   
4. Regardless of the cause of transmittal, all transmittals require a documented transmittal form and the consent (signature) of all parties.
   
5. Where grievances are starting at a level above the first level, it is still the responsibility of the local steward to conduct fact finding and to assess the merit of the grievance, before filing.