Grievances & Complaints

This page last reviewed April 20, 2010

The purpose of the Labor Relations Program is to promote harmonious labor relations between the ARB, it's employees and their employee labor organizations, and to establish procedures for the equitable and peaceful resolution of differences on labor relations matters. The Labor Relations Section represents ARB management in all labor relations matters and investigates and responds to grievances and complaints filed at the departmental level of review.

Definitions

Complaint Procedure

Grievance Procedure

Excluded Employee Grievance Procedure

Related Links


Definitions

Grievance: A grievance is a dispute of one or more employees, or a dispute between the State and the Union, involving the interpretation, application, or enforcement of the express terms of the bargaining unit contract.  A grievance may be filed by either the employee or the exclusive representative. A grievance must be filed in accordance with the provisions of the impacted employee(s) collective bargaining agreement.  Each bargaining unit collective bargaining agreement provide3s a specific procedure for the appeal and review of employee grievances and complaints.  Although this procedure is basically the same in all the bargaining unit contracts, there may be some differences in the technical features, i.e., time limits for appeal of and response to grievances.  In addition, some contract provisions limit grievability of specific issues up to the third or fourth level of the formal grievance procedure.  Therefore, it is important to review the appropriate bargaining unit agreement prior to filing and or processing a grievance or complaint.

Complaint: A complaint is a dispute of one or more employees involving the application or interpretation of a written rule or policy not covered by the bargaining unit agreement and not under the jurisdiction of the State Personnel Board.  A compliant may be filed by either the employee or the exclusive represntative.  A complaint must specifiy the written rule or policy allged to have been violated.  Complaints may not be appealed beyond the departmental level of review.

Exclusive Representative: The exclusive representative of a bargaining unit is the union or association recognized by the Public Employment Relations Board (PERB) to represent employees within a bargaining unit.


Related Links

Excluded Employees

Represented Employees

Collective Bargaining Agreements

State Employer-Employee Relations Act (SEERA)

Excluded Employee Bill of Rights

Additional labor relations information can be obtained by visiting the Department of Personnel Administration (DPA) web site.


STAFF DIRECTORY

Staci Cain         (916) 323-6753     scain@arb.ca.gov

Heidi Leveille     (916) 322-8213     hleveill@arb.ca.gov

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