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This presentation gives an overview of the purpose of a good grievance procedure.
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What is a Grievance?
A grievance is an official complaint of a violation of a worker’s rights on the job.
The Grievance Procedure is Used:
To settle disputes which arise during the life of the contract.
To establish an orderly manner for handling disputes.
To assure every worker there is a mechanism for resolving grievances.
The Grievance Procedure is Used:
To present grievances in a united and dignified manner.
To establish rules in the workplace which allow either side the right of appeal until a final binding decision is reached.
VIOLATION OF: CONTRACT
Six Grounds for a Grievance
LAW
PAST PRACTICE
COMPANY RULES AND REGULATIONS MANAGEMENT’S RIGHTS
DISCIPLINE UNJUST/EXCESSIVE
The Grievance Procedure
One of the most important functions of the IAM is grievance handling.
In the same way, one of the most important parts of the collective bargaining agreement, if not the most important part, is the grievance procedure.
What is a Grievance Procedure?
• An agreed-upon channel for complaints.
• A fixed number of steps and who is involved at each step.
• A provision for time limits at each step in order to discourage stalling.
Why Have a Grievance Procedure?
• Provides a systemic method for settling problems and interpreting the contract.
• Provides the worker with representation and defense.
• Brings the organized strength of the IAM behind the aggrieved worker.
Why Have a Grievance Procedure?
• Channels complaints to management.
• Usually provides for third party settlement in the event of a deadlock.
Characteristics of a Good Grievance Procedure
• The grievant is to have representation by the IAM at each step of the procedure.
• There are definite time limits between the various steps of the grievance procedure and provisions for failure to meet the time limits.
Characteristics of a Good Grievance Procedure
• The steward and the supervisor have the authority to settle grievances in the early steps.
• At some early step in the procedure the grievance is reduced to writing.
Characteristics of a Good Grievance Procedure
• Other IAM officials and management participate in the succeeding steps of the grievance procedure.
• There is a terminal or end point, arbitration, at which the grievance is finally resolved.
Five Points to Prepare Grievances
Listen to the factsfrom the worker
Listen to the problem as presented by the worker and then ask questions to make sure you have the facts correct and understand the situation.
Five Points to Prepare Grievances
Test for a grievance
Check the problem with the contract to see if there is a violation involved. The problem may not involve the contract, but may have a solution elsewhere.
Five Points to Prepare Grievances
Investigate
Before writing the grievance, double check the facts as thoroughly as you can with whatever records are available and other persons who may be involved.
Five Points to Prepare Grievances
Write the grievance
Our contracts call for written grievances. Write a simple statement and conclude with the specific remedy sought. Use the proper forms.
Five Points to Prepare Grievances
Present the grievance
Present the grievance to management in a firm, but polite, manner. Discuss the grievance, explaining the facts of the case without getting sidetracked.
If the Grievance is Won/Lost…
WONObtain the settlement in writing and keep it as your record. It may be useful in later cases.
LOSTAppeal without delay, and keep the grievant informed of the progress of the case.
Putting a Grievance on Paper
Check your grievance procedure in your contract. Stewards must check the contract so they know the answers to these questions:
• At what stage in the procedure must a written grievance be filed?
• Who is responsible for writing & signing it?• What are the time limits involved?
Write the Grievance
• The grievance must state what clause or articles in the contract have been violated.
• Every written grievance should contain the “Five W’s”.
The “5 W’s”
• WHO was involved? Names, employee number, jobs, department, etc.
• WHY is it a grievance? Seniority bypass, pay shortage, unjust treatment, violation of past practices, safety hazards, etc.
• When did it happen?Date, time – Show the date the grievance occurred, not when it is written.
• Where did it happen?Station, department, section, base, etc.
• What settlement is wanted?Enforce contract, be put on job, adjust seniority, retroactive pay, etc. – if the settlement is to be retroactive, this should be stated.
Grievance Writing Vocabulary
• Violated the collective bargaining agreement
• Violated past practice• Performed a
discriminatory action• Discipline (discharge,
demote, suspend, transfer, fine, reprimand)
• Failed to comply with laws or regulations
• Obstructed due process• Jeopardized health or
safety• Reinstate• Make whole• All rights and benefits
Grievance Writing Vocabulary
• Article________, governing_________
• Past practice• Consideration• Letter of warning or
reprimand• Verbal criticism• Upgrade in classification
• Violation of contractual rights
• Interference in the performance of duties
• The rights of employees to effective and fearless representation
• The work station
Grievance Writing Vocabulary
• Matters affecting the terms of her/his employment
• Without just cause• Arbitrarily• Entitled to• Incidental to his/her
duties as a steward
Check the Grievance
The final product should:
• Include all essential facts.• State the case clearly and accurately.• Be brief and to the point.• Be submitted in the appropriate format.• Be neat and legible.
