TYPES OF GRIEVANCES

A grievance is the violation of our member’s rights on the job. Most often, grievances involve contract violations -- sometimes clear cut, sometimes hazy. For this reason, MCO representatives must be familiar with the wording of our contract. When a grievance is brought to a steward, they should first look to the contract for a violation. In some cases, vague wording in a contract will lead to a different interpretation by MCO and management

 

However, grievances do not necessarily involve contract violations. In some cases, the grievance will involve a new procedure or contract issue too new to be covered in our contract. Other regulations never fall within the contract bounds, yet their violation still constitutes a valid grievance. The responsibilities of management to its members exceed those outlined by the contract.

 

When a steward is presented with a contractual grievance; they should, after checking for contract violation, ask themselves the following questions:

 

  • Is it a violation of the contract?
  • Is it a violation of federal or state law?
  • Is it a violation of established past practice?
  • Is it an area of management's responsibility to the member?
  • Is it a violation of management's rules or procedures?

 

If the answer is yes to any of the above questions, a grievance probably exists.

 

*If the grievance involves an issue not in the contract, for example a violation of a DOM; A Civil Service grievance may be appropriate. A Civil Service grievance is filled out by the employee and is signed by the employee. The employee owns the right to the grievance and not MCO. Please refer to MCO legal department for assistance when an employee is requesting help with a Civil Service grievance.