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Our Union is here to help you! Check out the other pages in the menu for more information on how to get in touch with a steward, how to file a grievance, and the rights you are entitled to as a graduate worker at UNM!
Outlining our grievance process:
It is not in the administration’s interest to enforce the contract, and they often will not do so. In fact, many members of our union may be working against the guidelines set in our Collective Bargaining Agreement (CBA) without realizing it. Therefore, it is up to us as members of a union to educate ourselves about the contract, and enforce it. Grievances are a way for us to enforce the contract that UNM has legally agreed to. A “grievance” is a formal procedure where one party files a complaint with the other, and steps are taken to mitigate the issue. It’s impossible to list every grievable instance, but some examples might include: 1. a worker is working more hours than their contract stipulates, 2. a worker is asked to do work that is not within the bounds of their contract, 3. a worker doesn’t have active health insurance when they’re supposed to. This process is outlined in detail in Article 13 of our CBA.
Anybody who is in the union can file a grievance; everybody’s rights are protected equally, whether you’re a card-signer or not. This includes international workers, who tend to be in particularly vulnerable positions. Grievances DO NOT spoil the relationship between a worker and a supervisor; grievances are a way for us to stand up for our rights, protecting ourselves and any future workers from bad situations. It is explicitly illegal to retaliate against anybody for taking union action or filing a grievance, and you cannot be treated any differently than anyone else. A union steward – somebody who is trained to know the contract – will support you all the way through the process and advise where necessary.
Our grievance process is broken down into a few steps including the “informal” step, Step 1 (department level), Step 2 (school/college level), and Arbitration. The goal of every grievance is to resolve at the lowest level possible.
On this page, “days” means work days.
Informal Step
The informal step includes a conversation or an email with your supervisor about the issue. You should bring the issue up to your supervisor, talk about what’s wrong, and attempt to get it resolved. This might feel awkward or difficult, but it is necessary, and millions of workers each year across the country do this! The worker must complete this step in order to move on to the next step. There is no formal paperwork to complete at this step, but you should maintain a paper trail where possible; save the email if you can. The informal step is where we intend to resolve a majority of grievances.
Step 1 – Department Level (MUST BE WITHIN 15 DAYS OF GRIEVANCE OCCURRING)
If the issue is not resolved at the informal step, we file a step 1 grievance with the department chair (or appropriate designee if you’re not in a traditional department) and the Office of Academic Personnel (OAP). A grievance meeting will be scheduled within a week, where the worker will share their case. The department chair and OAP then have 10 work days to respond in writing. If their response is not satisfactory, we can file at step 2.
It is also vital for us to publicly share our stories with one another. Administration would rather keep us siloed and silent, but when we organize and share with one another, we will win and change our conditions.
IMPORTANT: Every step of the grievance process is time-sensitive. WE CANNOT FILE A STEP 1 GRIEVANCE BEYOND 15 DAYS OF WHEN “THE GRIEVANT KNEW OR SHOULD HAVE KNOWN ABOUT THE ISSUE”. It is vital to come forward quickly if you have an issue, or if someone you know has an issue.
Step 2 – School/College Level (MUST BE WITHIN 15 DAYS OF STEP 1 FILING)
This step looks similar to the last step in some ways, but is at a different level. If the issue is not resolved at step 1, we file a step 2 grievance with the dean of the school or college and OAP. A grievance meeting with the dean and OAP should happen within a week, and they have 10 days to respond in writing.
It is further important for us to organize and agitate at this time, since this might be something that affects more workers than just the worker filing the grievance.
Step 3 – Arbitration (WITHIN 20 DAYS OF STEP 2 RESPONSE)
If the issue is still not resolved, the grievant can file for Arbitration. In this step, we must file for arbitration, select Arbitrators, find representation, and present our case. The Arbitrators then select a side that will be executed based on the evidence presented to them and the language in the CBA. This is covered in greater detail in our CBA, but since this is a more lengthy, in-depth, and costly process, we will need to mobilize a vote within General Membership in order to move to this step. Arbitration tends to favor employers, but we always have more power in the number of people in our Union, and we must continue to organize and agitate.