Grievance Basics - Part II

Review – Fact Gathering

Investigation is the foundation of the grievance process

Thorough gathering of facts enhances resolution opportunity

Resolution of grievance based on facts not feelings

Obtain the facts while fresh – memories fade quickly

Facts will be used when writing the grievance

The 5’ws plus 1

Who was involved in the dispute?

What happened which led to the grievance?

When did the relevant events take place?

Where did the relevant events take place?

Why did all relevant actions occur?

What is the remedy?

Grievance Purpose and Elements

Purpose of Grievance To enforce the contract where rights of an employee

is violated To guard against the possibility that rights will be

eroded through an unfavorable past practice

Essential Grievance Elements Claim management has violated, misinterpreted or

misapplied contract Demand for an appropriate remedy that corrects an

improper action

Got the Facts – Now Analyze

Investigation is finding out what happened – the facts

Situation facts – What happened

Analysis – What was supposed to happen – the contract

Contractual facts – What was supposed to happen

Apply facts of situation to facts of the contract

Analyze through Questions

Example Analysis Questions

What contract provision is relevant? (Article or Section)

What part of the contract has been violated? (Subsection)

How did the violation occur?

What law, regulation, policy or directive is relevant?

What past practice is relevant?

What precedents are relevant?

Precedents

Union grieved and won

Union grieved and lost

Never happened before

Grounds for Grievance

Taking action prohibited by contract

Failing to take action required by contract

Interpreting contract differently than union’s understanding

Writing a Grievance

Keep it Simple

Use a form if required or available

Written grievance will answer three basic questions What happened or failed to happen (circumstances) Why is the situation a grievance (contention) How should the employer correct (remedy)

Try to answer each with no more than 3 sentences

Poor Example: Change in Starting Time

• Statement• Without even talking to the union about it,

management decided to change the starting time of the swing shift and the evening shift. Changing starting time by 45 minutes would wreak havoc in the lives of employees. Management never listens to the union and they can’t just go around doing whatever they want. This is unfair for all workers on these two shifts.

• Remedy• That management stop pulling stunts like this and

start following the contract

Good Example: Change in Starting Time

Statement of Grievance On September 20, management changed the start

times of the swing and evening shift. This action violates Article VII (Hours of Work), Article XIV (Definition of Shifts) and any other relevant articles of the contract.

Remedy That management immediately return to the

schedule described in the contract.

Let’s Call Them The Top 10

1.Have a Plan

2. No Surprises

3. Don’t Lose Your Cool

4.Be Realistic

5. Know Where Other Sides Stands

More Strategies – Five More

6. Don’t Get Personal

7. Ask Questions

8. Have Notes – Take Notes

9. Have Written Evidence

10. Stay United