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UPE News Item

UPE Wins 005 Desk File Grievance

In late September 2016, UPE filed a grievance on behalf of one of our 005 members. Earlier in the month we requested a number of documents to be removed from our members file because they were no longer relevant. The supervisor agreed to remove a few items but refused to remove the bulk of the documents, some of which were at the time three years old. We filed a grievance because the department was violating section 16.4 (Desk Files) of our contract.

At the first level grievance meeting, we again argued that the items were no longer relevant and were not mentioned in the most recent performance evaluation, which was issued a month prior to our initial request.  Therefore, should be removed.

In addition, we provided the department a copy of an arbitration decision regarding a similar offense in which the arbitrator ruled in favor of UPE and granted the grievance.  However, the Department came back with a response and agreed to remove only 1 additional item and the other 9 items would remain in the supervisors desk file.

UPE was not satisfied with the department’s response so we appealed the grievance to step two.  At the step two meeting we maintained our position that the 9 items in question should be removed because they were no longer relevant.  At step II the department proposed settling the grievance with terms we believed to be more of the same. We rejected their proposal and appealed to step III.

Finally, after the step III meeting, the County notified UPE that the department further reviewed our request and agreed to remove the remaining 9 items as originally requested.

UPE identified a contracted violation challenged the department at every step, and won! 

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9333 Tech Center Drive, #100
Sacramento, CA  95826
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