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When
the Member Doesn't Have a Grievance
For most shop stewards, the
process of handling grievances is pretty routine. We are out there on
the property, every day making sure that management holds to the
agreement.
And when the member comes to us with a problem, we check it out. We do
the proper grievance investigation to determine whether the issue is
really grievable under our agreement.
But what happens when we do all we can but the problem is not a real
live grievance? It's happened to all of us. Your coworker--someone
you've worked with for ten years asks you to file the grievance that
just isn't a grievance.
What do you do?
Let's start with what you
shouldn't do. Don't file the complaint or issue if you know it isn't
really a grievance. If you do, you are transmitting three pretty poor
messages.
Wrong Message
First, the member thinks
you can actually achieve something with the grievance procedure that it
isn't designed to do. The member gets the impression that the grievance
is a lottery and every entry has equal weight. That simply isn't true
and it is isn't fair to the member or to other members. Besides you
raise expectations which you can't fulfill.
Second, it damages your credibility with management. Part of the goal
of grievance handling is to resolve problems; and grievance resolution
needs the cooperation of both sides. If you go to management with lousy
grievances, you will quickly lose the company's respect. Your judgment
will be called into question when you present other issues which might
be very legitimate grievances.
Lastly, filing frivolous or poor grievances can make management
retaliate and poison the relationship with the union on even larger
issues.
What should you do?
Tell the member straight
out that the problem isn't grievable under the contract. Explain why.
Don't take for granted that members understand the union's role in
handling grievances and what the repercussions are for filing frivolous
ones. Explain what the process can achieve and what it can't. Talk about
the bottom line issue of justice for all members.
Don't procrastinate
Don't procrastinate but
deliver the news directly and sympathetically. Expect some emotional
heat at this discussion, but listen sympathetically so long as you
personally don't have to bear the brunt of any outburst.
Also keep good notes as to your decision and if there is a stewards'
meeting at the local, make it part of your report so that the member
does not go shopping around for another steward to file the grievance.
Try to resolve the issue
See in what other ways you
can resolve the issue. There is no reason why you can't go with the
member to discuss the issue with supervision. If the issue is serious
enough, discuss it with your officers to come up with a strategy to deal
with it.
If the problem is a personal one, direct the member to a union
counselor or other appropriate services that are available to the
members.
Saying no to the member about filing a grievance is one of the toughest
responsibilities you have as a shop steward. Some members will never be
satisfied with the answer. But for most members, some demonstration of
concern and possible resolution will go a long way in building the local
union.
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