ABIDE BY CONTRACT RULES

The machinery for handling grievances and your powers as shop steward are written into your contract. It might contain a definition of "grievance" such as the following:

       "For the purpose of this Agreement the term "Grievance" means any dispute between the Company and the Union, or between the Company and any employee concerning the effect, interpretation, application, claims of breach or violation of this agreement, or any other dispute which may arise between the parties."

Most contracts follow either a three, four or five – step grievance procedure. Some facilities, smaller in size or of a different type, omit one or more intermediate steps. Sometimes workers feel that they can get farther ahead by going straight to the boss or supervisor, that they have a right to take up their own grievance.

Set workers straight on this and explain that although they have the right to take up their own grievance, the steward also has the responsibility, by law, to be present. The law reads as follows:

        "Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes, shall be the exclusive representatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment:  Provided, that any individual employee or a group of employees shall have the right at any time to present grievances to their employer and to have such grievances adjusted, with out the intervention of the bargaining representatives, as long as the adjustment is not inconsistent with terms of a collective bargaining contract or agreement then in effect:  Provided further, That the bargaining representative has been given opportunity to be present at such adjustment."

The contract is not property of any one worker. It belongs to the union and should be handled by a representative of all the workers. There should be no private grievances.

But, knowing the machinery isn’t everything; you must know what methods have proved efficient and effective for handling a grievance successfully, You must also know how to be most effective in dealing with the supervisor.

GET ALL THE FACTS

WHEN, WHERE, WHY, WHAT, AND WHO. In order to present a good case to the supervisor you must get all the facts. Of course, this really doesn’t come second, because you have to know at least the basic facts in order to make your decision as to whether the complaint is an actual grievance or not. Be sure you have all the details and are not passing on rumors, opinion or half truths. Facts can’t be argued against. It’s true they can be ignored or manipulated, but it’s your job to see to it that this doesn’t happen. Stick to the facts in the case. When in doubt, consult the business representatives of your local or district lodge.

IS IT A JUST GRIEVANCE?

All right, this is the first day in you new job as Steward. A worker comes to you with a complaint, you talk at length with the worker, listening patiently to his or her story. You must decide if it is a just grievance you can rightfully take up with management. Bear in mind two things in order to make your decision:

1.  Does it violate the contract?

2.  Has the worker been treated unfairly by some action of the Company?

 

In most cases a just grievance will come under a violation of the contract. However, you have a grievance which seems entirely justified to you after you’ve looked into it, but which is not covered by any clause in the contract. In such cases you should consult with your chief steward, the plant grievance committee, or your business representative. This may show up an omission or indicate a change which should be make when the contract is renegotiated. It should be written down for use of next year’s negotiating committee. Later we’ll talk about the importance of written records for grievances.

You must also remember that every gripe is not a grievance. To be sure, you are the worker’s representative and not an impartial judge, and you should always give the worker the benefit of the doubt in borderline cases. But, stick to your ground and take time to explain fully to the complaining worker why he does not have a real grievance. In many workplaces the worker is protected against an unfair or unwise decision of the steward by being able to appeal to a workplace meeting or higher grievance committee. This is a protection for you, the steward, as well because you will discover you’re often accused of refusing to take up matters you don’t feel are real grievances, but which the worker involved does. You, too, can refer the issue to the shop committee for final decision. But, don’t pass the buck to often.

Once you have decided upon the worth of a grievance and have agreed to take it up with management, don’t make rash promises about the results you’re going to get for the worker. Tell workers you’ll do your best and keep them informed of the progress of the grievance.

WRITE IT DOWN

As a general rule it’s a good idea to write down the grievance. Many contracts specify that this must be done in the first step of the machinery, but even if your contract doesn’t you’ll undoubtedly find you’ll do a better job if you have a written record of the grievance you’ve handled.

One way in which the steward could keep records is to file a copy of the original grievance form. There are a lot of reasons for this:

1.  Workers aren’t as likely to come to you with unimportant or unfounded complaints if they know they have to    sign a statement putting it "on the record".

2.  It reduces disagreements over the facts in deciding the merits of the case to have them down clearly and simply in black and white.

3.  Once the decision is made you have a written record which can be used as a precedent when similar grievances arise at a later date. This is very important

4.  The written record of these grievances is of invaluable help to the negotiating committee when the time to renew the contract rolls around.

5.  The difference between winning and losing an appeal in a grievance case may depend on the completeness and accuracy of what’s written on the form. As you write out a grievance, remember that it may be negotiated by union representatives who know only what you tell them. They must argue intelligently for a fair settlement with the company. Your facts are their ammunition. Don’t send negotiators in with wet powder!

6.  Written records are very useful to show unbelievers who say, "The union hasn’t done anything."

 

Even when the beginning and end of a grievance are not far apart, it’s worth a written record. So file a short report even when you settle it orally with the supervisor.

In writing up a grievance, check these points to make sure you’ve put in everything necessary:

1.  Who was involved? List the name, lodge number, badge or clock numbers, department, jobs of all workers and management representative.

2.  Why is it a grievance? Seniority by-pass? Pay shortage? Unjust treatment? Violation of past practices? Safety or health hazards, etc.?

3.  When did it happen? Date, time – show date the grievance began not the date it is written.

4.  Where did it happen? Plant, department, section, etc.

5.  What settlement is wanted? Enforce contract, be put on job, adjust seniority, retroactive pay, made whole, etc.

6.  Signature of employee and steward.

7.  Disposition?

 

Keep written records short and to the point. Supporting information can be brought into the spoken argument of the case.

GO TO THE SUPERVISOR

Now, armed with your written grievance and accompanied by the aggrieved worker (unless there are special reasons why this should not be done) you’re ready to go to the supervisor (in small facilities, the employer). When aggrieved workers are present they can see that the case is being presented in their best interest and thus if their case cannot be won, they can more easily accept an unfavorable decision without blaming you. When the outcome of a grievance may directly or indirectly involve or affect more than one worker, or may affect the contract, other union representatives should be consulted to prevent the possibility of an individual settlement, which is contrary to the contract or union policy. The aggrieved workers also become a witness later if there is a dispute as to what went on in the conversation.