When filing a grievance, the Delegate/Alternate must follow a specific procedure and members are encouraged to work with the Delegate/Alternate to ensure that the procedure is followed. Formal grievances must be filed in “steps”, permitting members to appeal to the “next level” of authority if their grievances are not satisfactorily dealt with:
The following Step 1(a) shall be applicable only in the Health and Hospitals Corporation:
Step I (a): An appeal from an unsatisfactory determination at Step I shall be presented in writing to the person designated by the agency head for such purpose. An appeal must be made within five (5) work days of the receipt of the Step I determination. A copy of the grievance appeal shall be sent to the person who initially passed upon the grievance. The person designated to receive the appeal at this Step I shall meet with the Employee and/or the Union for review of the grievance and shall issue a determination to the Employee and/or the Union by the end of the fifth work day following the day on which the appeal was filed.
Step II: If no response, or an unsatisfactory response to the Union’s “Step I” grievance is not received within three (3) work days, the Member/Delegate/Alternate will proceed to “Step II”, sending the grievance and any written responses to the Agency’s Director of Labor Relations with copies of the “Step I” attached.
Step III: Unsatisfactory or no responses to the Union’s “Step II” grievance may be appealed to “Step III” within ten (10) work days. Send original copies of all materials of Step I and Step II to:
Chief Review Officer
Office of Labor Relations
40 Rector St., 4th Floor
New York, NY 10006
Note: Employees of the NYC Housing Authority should send Step II grievances to:
90 Church St.5th Floor,
New York, NY 10007
Note: Copy of all the above steps should be mailed to the Union.
Step IV: An appeal from an unsatisfactory determination of Step III may be brought solely by the Union to the Office of Collective Bargaining for impartial arbitration within fifteen (15) work days of receipt of the Step III determination. In addition, the Employer shall have the right to bring directly to arbitration any dispute between the parties concerning any matter defined as a “grievance”. The Employer shall commence such arbitration by submitting a written request to the Office of Collective Bargaining. A copy of the notice requesting impartial arbitration shall be forwarded to the opposing party. The arbitration shall be conducted in accordance with Title 61 of the Rules of the City of New York. The costs and fees of such arbitration shall be borne equally by the Union and the Employer.
The arbitrator’s decision, order or award (if any) shall be limited to the application and interpretation of the Agreement, and the arbitrator shall not add to, subtract from or modify the Agreement. The arbitrator’s award shall be final and binding and enforceable in any appropriate tribunal in accordance with Article 75 of the Civil Practice Law and Rules. The arbitrator may provide for and direct such relief as the arbitrator deems necessary and proper, subject to the limitations set forth above and any applicable limitations of law.