Office and Professional Employees International Union      LOCAL 35  AFL-CIO

		5235 N 124th Street, Suite 101 Butler, WI, 53007
		262.790.0350

Highway Department Since affiliating with OPEIU Local 35, the Highway Department Employees of Ozaukee County have negotiated two contracts with the County. Bargaining with the County to begin in the coming months.   Click below for names of your bargaining committee.

Administration Group

Grievance Procedure

11.01 - Definition. A grievance is defined as any disagreement or misunderstanding over the interpretation or application of the terms of this Agreement. Further a grievance is defined asa change in a past practice in the workplace. Grievances shall be resolved under the procedure set out below

11.02 - Grievance Initiative. Grievances must be initiated within twelve (12) working days of the event that caused the grievance or the date either the employee or the Union knew or should have known of the event that caused the grievance. Grievances shall normally be initiated at Step 1. In the event the grievance arises out of an action by the Department Head, the grievance shall be initiated at Step 2. If the grievance arises out of an action by the County Board(or Committee thereof), the grievance shall be initiated at Step 3.

11.03 - Grievance Form. Grievances shall be signed by the individual employee(s) involved and/or by a Union representative. The written grievance must list pertinent facts to identify the problem and specify the Section(s) of the Contract involved. The written grievance must identify the name(s) of the employee(s) involved, or in the case of a group grievance it must identify the group. The written grievance must specify the relief demanded to satisfy the grievance.

11.04 - Individual Employee Grievances. The parties agree to abide by applicable State law (Sec. 111.70(4)(d)1, Wis. Stats.), regarding the presentation and adjustment of individual employee grievances up to and including Step 3. Any employee filing a grievance shall be entitled

11.05 - Steps of Grievance Procedure. 

Step 1. The aggrieved employee and/or Union representative shall present the grievance in writing to the employee’s Department Head, who will respond in writing within seven (7) working days after presentation thereof to the aggrieved employee and/or the Union representative.

Step 2. If the grievance is not resolved in Step 1, the aggrieved employee and/or Union representative shall have the right to appeal the grievance in writing to the Human Resources Director. Such appeal must be made within seven (7) working days after receipt of the Step 1 answer or last date due. The Human Resources Director, or in his absence his representative, may within seven (7) working days, meet and discuss the grievance with the aggrieved employee and/or the Union representative and shall respond in writing within seven (7) working days after receipt of the appeal or after the meeting, whichever is later, to the aggrieved employee and the Union representative.

Step 3. If the grievance is not resolved in Step 2, the aggrieved employee and/or the Union representative shall have the right to appeal the grievance in writing to the County Board's Human Resources Committee (at the County Human Resource Director's Office). Such appeal must be made within seven (7) working days after receipt of the Step 2 answer or last date due.

The Human Resources Committee shall meet to discuss the grievance with the aggrieved employee and his or her Union Representative and shall respond in writing within ten (10) working days after such meeting to the aggrieved employee and Union Representative. In the event a regularly scheduled meeting is cancelled in the month in which the grievance is to be heard, the grievance meeting must take place the following month.

a) If the grievance is not resolved in Step 3, the Union shall have the right to appeal the grievance to arbitration. Such appeal must be made within seven (7) workdays after receipt of the Step 3 answer or last date due by written notice to the Chairman of the County Board's Human Resources Committee (at the County Human Resource Director's Office) that the Union is submitting the grievance to arbitration.

b) At the same time of giving the above notice to arbitrate, the Union shall also request the Wisconsin Employment Relations Commission to submit a list of seven (7) arbitrators to the Employer and the Union. The Employer and the Union shall alternately strike names from the list until one (1) remains, and the name remaining will be the arbitrator designated to hear the dispute. The party submitting the grievance to arbitration shall make the first strike.

c) Arbitration proceedings shall be implemented in a manner prescribed by the arbitrator. The arbitrator so selected shall hold a hearing at a time and place convenient to the Employer, Union and arbitrator. The arbitrator shall take such evidence as in his or her judgment is appropriate for the disposition of the dispute. Witnesses may be called by the Employer and the Union and oral and written statements of position may be made by the parties.

d) The arbitrator shall render a written decision as soon as possible to both the Employer and the Union which shall be final and binding upon both parties. In making his decision, the arbitrator shall neither add to, detract from nor modify the language of this Agreement. The arbitrator shall have no authority to grant wage increases or wage decreases.

The arbitrator shall expressly confine himself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue not so submitted to him or to submit observations or declarations of opinion which are not directly essential in reaching the determination. In any arbitration award, no right of management shall in any manner be taken away from the Employer, nor shall such right be limited or modified in any respect excepting only to the extent that this Agreement clearly and explicitly expresses an intent and agreement to divest the Employer of such right.

Grievance Procedure

Section 1 - Definition: Only matters involving the interpretation, application or enforcement of the terms of this Agreement shall constitute a grievance.

Step 1. The employee alone or with his/her Union representative shall explain the grievance verbally to the Highway Commissioner. Grievances must be initiated within fifteen (15) working days of the event that caused the grievance, or the date either the employee or the Union knew or should have known of the event that caused the grievance. The Highway Commissioner shall within three (3) working days verbally inform the employee and/or the Union representative of the decision of the grievance presented.

Step 2. If the grievance is not settled at Step 1, the Union representative may reduce the grievance to writing and submit it to the Highway Commissioner within ten (10) working days after the Commissioner's verbal response. The Highway Commissioner shall, within ten (10) working days after receipt of the grievance, meet and discuss the grievance with the aggrieved employee and/or Union representative and shall respond in writing to the Union representative within ten (10) working days after receipt of the grievance.

Step 3. If the grievance is not satisfactorily resolved by the Commissioner, the Union representative shall have the right to appeal the grievance to the Human Resources Committee within seven (7) working days after receipt of the Step 2 answer. The Human Resources Committee shall meet to discuss the grievance with the aggrieved employee and the Union representative, and shall respond in writing within ten (10) working days after such meeting to the Union representative.

Elaine Carlson 
Member of the Admin Group Bargaining Committee