UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – Grievances

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(HEERA section 3567 grants employees a right to file grievances without the interference of their exclusive representative.) When a grievance reaches the stage of arbitration, the individual’s right to present grievances and have them adjusted comes to an end. The “right” to an independent, neutral evaluation of a grievance is not established by HEERA. While HEERA section 3567 provides an employee the right to present grievances to his or her employer, the statute does not prescribe how the employer will process and consider such grievances and does not require a factfinding that is free of management influence or control. When the right to file grievances and have grievances considered is also set forth internally in the CBA itself, a grievant can look to those processes in determining whether his statutory rights have been interfered with.