What is a grievance? 

A grievance is any dispute involving a claimed violation, misinterpretation or inequitable application of, or noncompliance with, one or more provisions of this Agreement or of the District rules, regulations and procedures or any existing practice affecting the status or working conditions of employees, including matters of discipline.

Below is the grievance process: 

Step 1. Informal Grievance: Investigate potential infractions against the bargaining agreement. This involves discussion among the Union representative and all parties involved. If the discussions do not resolve the grievance, the aggrieved party may present a formal grievance, which moves it to Step 2.

Step 2. Formal Written Grievance process: This starts as soon as it is determined that a resolution between the member and employer can't be reached. AFSCME has 20 working days to present a formal grievance in writing once no resolution is determined. The grievance is then sent to the employer (BART). 

Step 3. Employer Response to Grievance: The employer (BART) has 20 working days to respond to the grievance. The employer may settle or give an alternative solution to the grievance. The Executive Board and Grievance Committee can determine if it is acceptable. If not, the grievance is moved to arbitration. 

Step 4. AFSCME Response: AFSCME will either agree to the response from the employer or it will be moved to Arbitration. AFSCME has 10 working days to move to arbitration from the date that the response is received. 

Step 5. Employer Response to Arbitration: The employer has 10 working days to let AFSCME know that they have received the request to move to Arbitration. 

Step 6. Arbitration: Arbitration is then put on the calendar to move forward. Either party involved in the grievance can decide prior to arbitration to accept the terms of the other side. If this does not happen, it will continue to the scheduled date and time. This is a process where a neutral third party will hear each side of the dispute and can make a binding decision on the outcome which both parties must adhere to. There is no time frame for how long arbitration takes.