Town of Rocky Hill and NAGE, Local RI-288
A collective bargaining agreement can provide that a grievance alleging that a nonbargaining unit member is performing work that belongs to the bargaining unit must be filed within 10 working days. Effective July 1, 2010, the Town of Rocky Hill reduced the employment of a zoning enforcement officer from full-time to part-time work, as a result of budget concerns. On March 30, 2011, the zoning enforcement officer filed a grievance and alleged that his supervisor, who was not a member of his bargaining unit, had been performing his work, in violation of the collective bargaining agreement. The municipality argued that the zoning enforcement officer did not file the grievance timely, within 10 working days, and it was not arbitrable. The collective bargaining agreement provides, "In order to be valid, a grievance must be filed in writing within 10 working days of the event giving rise to the grievance." Arbitrators found that the municipality provided notice to the zoning enforcement officer that his work hours were going to be reduced, and he failed to file a grievance timely. Michael Rose represented the municipality, and Douglas Hall represented the union.