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A
Dozen Points on Grievance Presentation
Many stewards do the basic
work of grievance preparation. They listen to the grievant, investigate
the issue and then decide whether the problem is grievable under the
contract.
Once the decision is made to go ahead with the grievance, the steward
usually requests a meeting with his or her counterpart in management.
The grievance is then presented in an oral or written form.
Here are some hints on what to do prior to and at that meeting.
1. Prepare the case beforehand.
Have your facts down in writing. Organize and understand your notes to
guide your presentation. Be confident. Anticipate the company's argument
and have your answers ready. Make an effort to talk to the worker alone
before you meet the supervisor.
Talk the case over, if necessary, with other representatives, your
committee people, or others who might help you.
2. Avoid arguments among union people in the presence of the
company.
Once you are in the meeting with management, maintain a united union
front. If you have a difference of opinion during a meeting, take a
recess and iron the problem out in private. It does not look
unprofessional to call a short recess. If the grievant looks as if he or
she is damaging the case, stop the meeting and ask for a short break
until things calm down.
3. Stick to the point, avoid getting led off on side issues by the
company.
Insist on discussing the issue raised by the grievance only, nothing
else.
Take notes during the conference.
4. Get the main point of the company's argument.
Try to narrow the area of difference between union and company. Listen
intently and look for solutions to the problem that the company may feel
it can only reveal by subtle implications, hints, indirect suggestions,
or body language.
5. Disagree with dignity.
Avoid getting excited, angry or hostile. On rare occasions, after you
have reasoned that there would be an advantage to the union, such
behavior may be advisable. The steward is cautioned to keep him/herself
under complete control less he/she lose the advantage. Donít get goaded
into anger. When the company has no case at all, they may try to provoke
you.
6. Avoid unnecessary delays. Justice delayed is justice denied.
If the company asks for more time, try to determine whether it is an
attempt to stall or it is based on a sincere desire for more facts
needed to settle the case. If the company is not trying to stall, you
should grant a reasonable extension. You may need to go back to the
company on another grievance and ask for more time.
But when company delays are intentional, the more time that passes, the
"cooler" the grievance becomes and the less support you will get from
the worker or workers involved. The more grievances that are piled up in
the procedure, the more likely that the company will try to "horse-trade"
a settlement of a few grievances for dropping of others.
7. Settle the grievances at the lowest possible step of the
grievance machinery.
But make sure they are properly settled. It helps to build better
relationships in the department. The union representative will feel like
the vital part of the union that he/she is. The union representative
also wins respect from the members of his/her department. Don't pass the
buck. If you can settle the grievance in the first step, do so.
8. The burden of proof is on the supervisor.
In discipline cases, this is true. In money grievances, you might try
to apply the same strategy. Let the supervisor try to justify and prove
that the action he/she has taken is correct. Don't try to show where he
or she is wrong. Let the supervisor first carry the burden of proof in
telling you how he/she is right.
9. Avoid bluffing
It is only a matter of time until your bluff is called; it is in the
long run wiser to develop a reputation for honesty.
10. Maintain your position on a grievance until proven wrong.
Avoid hasty conclusions that you were wrong. Take time to give the
matter considerable thought.
11. Be prompt...Follow the grievance through.
Refer the grievance to the next step when not settled. Give the
representative above you all the facts; also the arguments used in your
discussion with the supervisor. Don't allow the grievance to lay around.
Delayed grievances mean delayed justice. Keep a constant check on the
progress of the grievance and at what step it is. Report back to the
grievant and the department--they're concerned too.
12. Enforce the contract!
Contract administration is a day-to-day activity and should involve the
stewards and the rank-and-file. The best contract in the world has no
value if the workers and the union representatives do not require the
company to live up to its terms.
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