Representation in Grievance Procedures

DEPARTMENT OF ADMINISTRATIVE & FINANCIAL SERVICES
Bureau of Employee Relations
Telephone (207) 287-4447
FAX (207) 287-4452 TDD (207) 287-4537

No.: OSER-10

Date: October 24, 1975

SUBJECT: Representation in Grievance Procedures

TO: Department and Agency Heads

FROM: Lanning S. Mosher, Director

Chapter 63 of the Personnel Law spells out the procedures for State employee grievances. Section 753 states that "an employee aggrieved, or his representative, or both, shall attempt to adjust the dispute through oral communication with the employee's immediate supervisor..." The law also provides for the aggrieved employee to be represented at succeeding steps of the grievance procedure.

We have recently been informed of requests from supervisors to have a representative of their employee organization present when they are hearing a grievance submitted by a subordinate. Supervisors handling grievances submitted by subordinates are acting in management's behalf and should not be represented in that process by an employee organization representative. Representation for supervisors is not provided for in the law, is not consistent with the supervisor's responsibilities, and should not be permitted. It is the supervisor's job to respond to and take appropriate action within his or her authority on grievances submitted by subordinates. The only time a supervisory employee would be entitled to representation would be when he or she is the aggrieved employee.

Management should take appropriate action to see that these procedures are adhered to at all times.

IMPORTANT BULLETIN - TO BE RETAINED IN EMPLOYEE RELATIONS MANUAL

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Representation in Grievance Procedures