Work issues & grievances

Weingarten rights
You have the right to request union representation during any meeting with management that could lead to discipline. If you're called into such a meeting, clearly state: "If this meeting could lead to discipline, I request my union representative be present." Management is not allowed to punish you for making this request. Always stand up for your rights—never go in alone! If you’d like to request a representative for a disciplinary meeting, you can reach out to a Local 3005 shop steward or grievance representative. In order to face any disciplinary action, management must prove “Just Cause.” Here is a resource outlining the components of Just Cause.

Can I change my remote work days?
It depends on your supervisor. Please see the remote work pilot policy here.

How will budget cuts impact my employment?
Historically, city worker layoffs are rare, but unfortunately we don’t know for sure what will happen. Layoff procedures are covered in the Citywide contract on pages 57-59 (Section XVII Job Security).

Know Your Rights Against ICE resources

• AFSCME Immigration Toolkit
• NYC Health Department Agency Guidance for Staff Safety
• DC 37 Municipal Employee Legal Services (MELS) can help with green card and citizenship assistance for you and your immediate family
• NY State Attorney General: ICE in the workplace

Doxxing resources

• Prevention and Aftercare for Those Targeted by Doxxing and Political Harassment
• Doxxing Prevention and Aftercare
• Equality labs anti-doxxing guide for activists
• Doxxing Defense Checklist

How do you file a grievance?

A grievance is a violation of the contract, agency policy/rules/procedure, the law, fair treatment, or past practice. In order to write a successful grievance, you must note who is involved, what happened, when it happened, where it happened, why it is a grievance, and how it can be resolved. A shop steward or grievance representative can help you with the process. 

A complaint is not a grievance, however, it is possible that the union or the local may decide that the complaint should become a grievance. There is a 120-day period in which a grievance may be filed by the union. The matter should be investigated and documented as soon as a steward is made aware of the problem. 

The Citywide Agreement contains an internal alternative dispute resolution mechanism or grievance procedure. The grievance procedure is a multi-step process. The final step is Step 4, final and binding arbitration before a neutral arbitrator mutually selected by the Union and the City. Unit Agreements have their own grievance procedures which are similar to the citywide agreement. 

Article XV, Section 1 defines the grievance as a "dispute concerning the application or interpretation of the terms of this Agreement.” All bargaining unit members covered by the Citywide Agreement are also covered by a unit agreement. 

While each unit agreement has title or occupational group specific rights and obligation, there are certain grievance definitions that apply to all unit agreements. Specifically, pursuant to each unit agreement, the bargaining unit member may grieve (1) an alleged violation of said unit agreement, (2) a violation of the employer’s written policies, procedures, or rules (Note that the City’s Personnel Rules and Regulations are not grievable; (3) a claimed assignment of duties substantially different than those in the member’s job specification (an out of title grievance); (4) holding an open competitive examination instead of a promotional examination; and (5) wrongful discipline. The time frames of filing grievances and moving matters to each step of the grievance process are similar or the same as the Citywide agreement. 

Can I file a group grievance?

Group grievances affecting groups or “classes” of individuals at a single facility or work location are filed by the Union directly at Step III of the grievance procedure, without resorting to previous steps (Article VI, Section 4 of the Citywide Contract). If three or more bargaining unit members are similarly aggrieved, the grievance may proceed directly to Step III as a group grievance. Unit Agreements also have similar provisions regarding group grievances. 

What are the steps in a grievance?

Step I: an employee and/or their union representative presents the grievance in writing to the agency’s designated person, no later than 120 days after the grievance arose. The agency’s designated person should investigate the grievance and respond to it in writing, not later than by the end of the third work day, following the date of submission. Many grievances can be settled at the first step. Therefore, it is important to be fully prepared and if possible, have the grievant present so they know exactly what transpires and can judge on possible settlements. If the agency fails to schedule a hearing within a reasonable time or issue a decision, the Union or member may proceed to the next step. 

Step II: the step II appeal must be in writing and submitted within five working days of the receipt of the Step I determination. The appeal should include a copy of Step I determination and a short written statement of the reasons for disagreement. The agency head or his/her designated representative will meet with the employee and/or union to review the grievance, and should respond with a written determination by the end of the tenth work day following the date on which the appeal was filed. If the agency fails to schedule a hearing within a reasonable time or fails to issue a decision after the hearing, the union or member may proceed to the next step. 

Step III: The Step III appeal must be filed within ten working days of the receipt of Step II determination. It must be in writing and submitted by the employee and/or the union to the Commission or Labor Relations. A copy of the appeal must also be filed with the agency’s head. The Commissioner and his/her designee will review the appeal and will make a written determination within 15 working days following the date on which the appeal was filed.

Step IV: Unlike the previous steps, only the union can appeal unsatisfactory step III determinations. The DC 37 general counsel office does merits based review of the grievance. If the grievance is deemed viable, the Union files the Step IV appeal (“Request for Arbitration”) with the Office of Collective Bargaining for impartial arbitration within 15 working days of receipt of the Step III determination. The employee or employees and the union are required to file with the director of the Office of Collective Bargaining a written waiver of the right, if any, to submit the dispute to any other administrative or judicial forum except for the purpose to enforce the arbitrator’s reward. The employer has the right to bring any grievance directly to arbitration, bypassing previous steps of the grievance procedure. 

An arbitrator, an impartial third party, hears the evidence from both sides, reviews it, and issues a final, binding, and enforceable arbitration award. 

A grievance might be satisfactorily resolved during I-III, but if it was not implemented within a reasonable time, the union may re-institute the original grievance at Step III. If the employer failed to implement a satisfactory Step III determination, the union may institute such grievance by filing it at step IV of the grievance procedure. If the employer exceeds any time limit at any step of the procedure, the grievance and/or union may invoke the next step of the procedure. 

What is the criteria for an out-of-title grievance?

To have a successful claim, you must be performing and assigned to perform work that is not listed in your job specification, for your title and level, 30% or more of your time.  Evidence can be submitted (emails, assignments, products/publications, etc...).  The attached position analysis questionnaire can identify and document any out of title work.

The resolution to the grievance can be a title change, but it can also be a cease and desist of the out-of-title responsibilities. If the employee's title is covered by an out-of-title grievance procedure, an arbitrator may award back pay for out-of-title work in accordance with the specific collective bargaining agreement, generally, from no more than 30 days prior to the date the Step I grievance was filed, up to the date the duties ceased. Once such an award is granted, the assignment should cease and desist or the employee should be properly appointed to the appropriate title.

For more info, see this DCAS reference on out-of-title work.