The Difference between the Grievance Procedure and a Bullying Complaint

Below are resources you can use to handle workplace conflicts and better understand the tools and rights you have to represent your co-workers. 

No matter which resource(s) below may be appropriate, the first step is for you to DOCUMENT each occurrence that is of concern…even if you only suspect that an incident is not appropriate.  Your notes can always be reviewed later to determine if a pattern of behavior seems to be indicated.  Employees should keep notes about the date, time, participants, and description of each incident in a non-work location (e.g., Memo app of an employee's cell phone) so that the employee always has independent access to this information.   

grievance is a process offered by the State for employees who feel that a policy or law has been violated (e.g., payroll issues, disputes over time and leave).  An employee can self-file a grievance by accessing the DBM website or contact the union to do so on their behalf.  The grievance must be filed within 20 calendar days (INCLUDES weekends, holidays, annual leave days) of the incident or an employee's knowledge of the incident, otherwise the grievance is subject to being dismissed as untimely.  Your shop steward or union representative can help employees to determine if filing a grievance is the appropriate response for a given incident.   

bullying complaint is submitted by an employee based on a particular "trigger" incident that occurred within a 30 calendar day period (INCLUDES weekends, holidays, and annual leave days).  (See attached policy, sample complaint and tips). However, given that bullying is not generally a single incident but based on a pattern of behavior, the employee should provide supporting evidence for the trigger incident by including all other relevant incidents as documentation that there is a pattern of bullying.  Be as specific as possible by noting, if possible, the date / time of any incidents…which may have occurred weeks, months or even years prior to the trigger incident.  Employees have the option of submitting a bullying complaint to the Appointing Authority or the Head of the Agency. We recommend filing to both.  Although the law does not allow the union to become directly involved in this process, it can assist indirectly by providing information about the process, and/or reviewing an employee's draft bullying complaint prior to it being submitting. 

The link to the BULLY COMPLAINT ONLINE FORM IS NOTED BELOW:

https://docs.google.com/a/maryland.gov/forms/d/e/1FAIpQLSd44Kpj9vzatCijAuDXh5a-Kd3tZxG2HQN3cGy2M8jHaUHQ0Q/viewform

Also please see attached a sample complaint to provide an idea of how you may want to structure your complaint when submitted on-line.  

Employees should also know about other possible resources to help resolve or address workplace bullying or other types of interpersonal conflict such as discrimination:   

2) Professional Mediation offered by the Department of Budget and Management.  Contact Brent Tracy at [email protected].  

3) Contact Human Resources to request an investigation.  This usually involves an internal investigation in which witnesses (i.e., co-workers) could be placed in an uncomfortable position to testify against a co-worker or management official and HR may not be able to guarantee that the information provided would remain confidential.  Therefore, an investigation through an external organization may be considered preferable.  

4) Discrimination: complaints can be submitted to these external organizations which provide a longer timeframe within which to submit a complaint.

Complaints filed through these organizations are outside of the legal purview of the union.  Contact information is noted below.

  • EEOC (Baltimore Office): timeframe for complaints is 180 days (6 months). Timeframe MAY be extended from 180 days to 300 days under certain circumstances. (Contact EEOC for more information.) 
  • MD Commission on Civil Rights (MCCR): timeframe for complaints is 180 days (6 months). MCCR generally accepts cases based on whether the complainant's issue falls into a "protected basis," as follows:  race, color, religion, ancestry, national origin, sex, age, mental status, sexual orientation, gender identification, and disability.

 

Both organizations accept complaints that are based on whether the complainant's issue falls into a "protected basis," as follows:

  • EEO generally accepts cases based on whether the complainant's issue falls into a "protected basis," as follows:  race, color, religion, national origin, retaliation, pregnancy, sexual harassment, sex, age (40+), disability, genetic information, equal pay/compensation,
  • MCCR generally accepts cases based on whether the complainant's issue falls into a "protected basis," as follows:  race, color, religion, ancestry, national origin, sex, age, mental status, sexual orientation, gender identification, and disability.

 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

(BALTIMORE OFFICE)

800-669-4000

103 Howard Street

Baltimore, MD

www.eeoc.gov

 

 MARYLAND COMMISSION ON CIVIL RIGHTS

410-767-8600

6 St. Paul Street

Baltimore, MD

www.mccr.maryland.gov