How Much Time Do I have to File a Grievance?

Regarding disciplinary actions; for example, an oral or written warning/reprimand, a suspension or termination; the Commonwealth and MWRA contracts are a bit different. The MWRA/MOSES contract provides that if discipline is imposed without a hearing you have eight (8) working days to file a grievance and in the event that a hearing was held you have ten (10) working days to file a grievance. Under the Commonwealth/MOSES contract you have ten (10) working days to file a grievance whether a hearing was held or not.

In the case of non-disciplinary issues, e.g., denial of overtime pay or sick time usage, refusal to pay mileage reimbursement, etc., you generally have twenty one (21) days from when you knew or should have know that a violation of the contract occurred to file a grievance.

To be safe, always act as if you have no time left to file your grievance. Call your steward or the MOSES office immediately upon discovery that a contract violation has occurred.

Documentation for Article 16 Grievances

If you have filed or are going to file an Article 16 grievance you MUST make sure that MOSES has the documents it needs in order to present and prove your case.  To determine what documents are necessary to prove your case, review the Department of Personnel Administration Classification Specifications (DPA Specs) for your job as well as the higher classification that you believe you are working in (For example, if you are an EA I claiming that you are doing CE II work you will need both the Engineering Aide and Civil Engineering series specifications).

To obtain a copy of the DPA Specs call the MOSES office and request that a copy be forwarded to you.

The following is a list of the documents you need to provide to:

MOSES
90 North Washington St, Suite 3,
Boston, MA 02114; or
FAX (617)-367-9371

(Please DO NOT HIGHLIGHT or write on the documents):

1. a summary of your duties and responsibilities which includes a start date and more importantly an END DATE, i.e., when you stopped working in the higher title, were reclassified, promoted, etceteras;
2. written assignment(s) to a job or position, i.e., a memo, CSD-084, pre-construction conference sheet, or something similar/analogous;
3. scope of work/special provisions for all contracts you have worked on during the time in question;
4. your EPRS(s) for the time in question (we may or may not use but need to see);
5. your Form 30, if you have one (we may or may not use but need to see) and;
6. any documents that show that you perform the duties of the higher classification as opposed to your own – documents that you sign or prepare for someone else’s signature are helpful, Extra Work Orders or Contract Quantity estimates, for example.  In addition, samples of your work may be helpful for example, designs, etc.

It is important to remember that you need to provide documentation for the entire time that you are claiming you worked (or are working) out of grade.

If you have questions, email Legal Services Coordinator Susan Mariano.  She will either assist you or find someone to assist you.