|
Writing a Grievance
One of the most difficult
jobs of any grievance representative is writing a grievance. Many of our
contracts provide for the steward or representative to write the
grievance on behalf of the member. By having the steward write the
grievance, the union is better able to track the issue and control the
grievance procedure. The member is better represented and the process is
used to build solidarity in the local union.
Your grievance form
The first step of the
grievance process is an informal meet and discuss meeting involving the
member, steward, and first line supervisor. Your goal is to settle
issues early. In order to be effective towards this goal you must make
advance preparation. Use your
investigation form when interviewing the member, and follow the
steps in the "Grievance Interview" section. Review the section "A Dozen
Points on Grievance Presentation". Take a pad and pencil with you when
you meet with the supervisor for the first step grievance meeting, and
take notes of each participants statements. If you are unable to
resolve the issue at this meeting, let the supervisor know that you will
need a verbal response by the second working day after the grievance was
presented.
If the grievance is denied, complete the
first step grievance form including the company's response and
submit it to the Business Manager. Include a copy of the investigation
form and any pertinent notes. The Business Manager will assign a number
to the grievance and submit a 2nd step grievance form to the company.
The contract states that, "If the Union does not carry a grievance to
the next higher Step within ten working days after the Company has
rendered its decision, the grievance shall be considered settled in
favor of the Company." Be aware of timeliness issues and mark deadlines
on your calendar for follow-ups.
Be timely
You must be timely in the
presentation of your grievance. That means you should file it within the
proper amount of time that is stipulated in your contract. Be careful of
contract language. Working days and calendar days are different. Filing
after the knowledge of the occurrence is different from having to file
after the date of the incident.
When you write the grievance, limit the statement to basic information.
Provide only enough information to identify the grievance so that
management understands what the basic problem is, what violations have
occurred and how the problem should be fixed.
Be brief
You are not obligated to
tell management in a grievance all of the results of your investigation.
Don't do their work for them.
Omit the union's arguments, evidence and justification for its
position. You should save that for the grievance meeting. You don't need
to tip your hand before you get to that grievance meeting. Avoid
personal remarks. State the position of the union not opinions. Opinion
words include "I think," or "I believe." Avoid them.
When stating why there is a grievance use the phrase "management's
action is in violation of the contract including Article VIII, Section 4
and 5." Allow for the possibility that there could be other violations.
The remedy
You need a remedy in every
grievance. By filing a grievance you are demanding that management right
an injustice. Management will not give you anything. You've got to tell
them what you want.
When you write your remedy, don't limit it. In grievances that involve
money, benefits, or protests of discipline, use the phrase "the grievant
should be made whole in every way including . . . ." Then ask for what
you want.
The general phrase "made whole in every way," means that the grievant
should receive any and all losses due to management's action. The word
"including" allows you to add specific remedies later on in writing or
in oral discussion with management.
Just because you use the phrase "made whole in every way," does not
mean that management or even an arbitrator will search out the specific
benefits management has denied your grievant. It is up to you to list
verbally or in writing any remedies not noted in the original grievance.
Keep the grievant up to date on the process of the grievance. Your job
doesn't end when the form is filed.
Return to Stewards
Toolbox... |