CHAPTERS11. What is a grievance?A big part of the steward’s job is dealing with grievances. Start your learning here. Show
A grievance is a violation of the employee's rights on the job – whether under the collective agreement or under legislation. Not all complaints are grievances. They need to clearly violate either the contract or the law. Grievances can be violations of:
Contract violation: If the grievance is a clear-cut violation of the contract, it will be easy to prove. If it involves an interpretation of the contract, it might be a little harder, so knowing jurisprudence (arbitration decisions) will help. Violation of a federal or provincial law: Here you will have the option of filing a grievance or going to the appropriate government agency to get redress – or both. Examples include a worker refusing work they consider unsafe, or a worker complaining of racial or sexual harassment by management. In such cases, the steward should go through internal union channels, and a decision may be made to lodge a complaint with the appropriate government agency at the same time. See if your union has incorporated the relevant law in your collective agreement. Some unions specify and define the violation of provincial laws as grievances in their collective agreements. Violation of a past practice in the workplace. This can be the basis for a grievance, particularly in areas where the contract is silent or unclear. Where a past practice has been violated by management, an employee may have a real grievance. The only relevance of past practice is to clarify (but not to alter) the collective agreement where it is ambiguous or unclear. To be considered as a past practice, the circumstances must have been:
A claim of past practice cannot be relied upon unlessViolation of employees' rights. Like “past practice”, the union must have a clear-cut, well-documented case. These kinds of grievances arise when management treats workers unfairly or unequally. These grievances are hard to fight and win so the local union should try to ensure that any problems concerning employees' rights are safeguarded in writing – in the collective agreement. WATCH: Stewards talk about grievances and their role in the process[[{“fid”:”845″,”view_mode”:”default”,”fields”:{“format”:”default”},”type”:”media”,”link_text”:”CLC WhatisaGrievance draft”,”attributes”:{“class”:”file media-element file-default”}}]] When a member has a complaintThe first thing to do is get the facts. Listen to their story. Ask yourself: does it violate the contract? The law? A past practice? Their rights? If the answer is yes, chances are the complaint you have is a legitimate grievance. Whether the complaint is a legitimate grievance or not, the employee is concerned enough to come to you with a problem. This concern demands action on your part to clarify or correct the situation. If you answered “no” to whether the problem violated the collective agreement, past practice, a law or the employee’s rights, then you have a complaint rather than a grievance. Complaints must be dealt with. If an employee alleges there has been a violation of the collective agreement, explain why it is not. A worker may think they have a grievance because they don’t understand the contract. They may claim that they are entitled to vacation pay, for example, when a careful reading of the contract shows that they haven’t enough service to qualify. A grievance is a complaint against management. So, it’s not a grievance if two workers have a personal disagreement. If Jane and Bob can’t agree whether the window should be open or shut, that’s not a grievance. The exception to this rule is harassment (see the chapter on Harassment). Benefit of the doubtIf you have a borderline case between complaint and grievance, give the employee the benefit of the doubt. Say you are not sure about it and then ask for help from the Chief Steward or the grievance committee. When you have discussed the matter with them, go back to the member and report on your discussion. It is important to keep the member informed at all times. Don't go out on a limb promising action when you are not sure. Rash promises often boomerang, labelling the steward unreliable. [[{“fid”:”804″,”view_mode”:”default”,”fields”:{“format”:”default”,”field_file_image_alt_text[und][0][value]”:””,”field_file_image_title_text[und][0][value]”:””},”type”:”media”,”attributes”:{“style”:”width: 33px; height: 34px;”,”class”:”media-element file-default”},”link_text”:null}]] Back to top12. Types of grievanceA steward can classify grievances according to where they come from and how they arise. We also classify grievances according to who is affected. Individual grievanceAn individual grievance is a complaint that an action by management has violated the rights of an individual as set out in the collective agreement, law or some unfair practice. Examples of this type of grievance include: • Discipline • Demotion • Harassment • Classification disputes • Denial of benefits, etc The steward – not the member – files the grievance. When an individual's rights have been violated and that person refuses to file a grievance, you should file the grievance on behalf of the union – especially if the contract specifically permits it. In this way, you will defend the collective agreement and protect the rights of all employees covered by it. Management's argument that you cannot file an individual grievance on behalf of the union is false. Group grievanceA group grievance is a complaint by a group of individuals, for example, a department or a shift, that has been affected the same way and at the same time by an action taken by management. For example, the employer refuses to pay a shift premium to the employees who work an afternoon shift when the contract entitles them to it. (If the grievance is asking for monetary compensation, make sure that all those involved sign the grievance. Arbitrators have been known to “award” the grievance yet only give compensation to those who have signed.) Policy grievanceA policy grievance is a complaint by the union that an action of management (or its failure or refusal to act) is a violation of the agreement that could affect all who are covered by the agreement. For example, management assigns a steady day-shift employee to work on an off-shift without regard to seniority. The union might grieve in an effort to establish that seniority must be considered in such an assignment, even though the individual involved might have no complaints against the shift change. The point is that the outcome or the precedence of the grievance may have a detrimental effect on the local union at some point in the future and the union must change it. Normally you would not deal directly with this type of grievance other than to provide the necessary investigation. Policy grievances are normally filed by the local or national levels. Union grievanceA union grievance may involve a dispute arising directly between the parties to the collective agreement. For example, the union would grieve on its own behalf if the management failed to deduct union dues as specified by the collective agreement. In these cases, the union grievance is one in which the union considers its rights to have been violated and not just the rights of individuals in the local union. [[{“fid”:”804″,”view_mode”:”default”,”fields”:{“format”:”default”,”field_file_image_alt_text[und][0][value]”:””,”field_file_image_title_text[und][0][value]”:””},”type”:”media”,”attributes”:{“style”:”width: 33px; height: 34px;”,”class”:”media-element file-default”},”link_text”:null}]] Back to top13. Investigating the grievanceSettling grievances is one of the steward’s most important jobs. It might look difficult, but it really isn’t that difficult. You need common sense, courage and some rules to follow. Get the factsWhen a worker comes to you with a complaint, the first thing to do is to get the facts. (Only then can you decide whether it’s a grievance or not.) Listen to their story patiently, then ask them specific questions. Remember the “6 Ws”:
Don’t be satisfied with vague statements like “The supervisor’s picking on me” or “They’re giving us too much work.” Ask the questions that will give you all the necessary information. Sometimes, members assume you know more about what is going on than they do – including the facts of their complaint. Get a statementOnce you have gotten the facts, investigate – promptly. Have grievors write down the full story themselves, giving names, dates and places. Advise grievors to use actual quotes in relating things they have heard or were told. The actual words may be important. Have the grievor sign and date the statement. It will be useful for refreshing the memory before any hearing. Get permissionRemember, if your contract requires that you ask permission of the supervisor to leave your job in order to investigate a grievance, do so! It is your duty to uphold the agreement, but flouting your supervisor’s authority is not going to help you win grievances. Get witnessesCollect statements from all available witnesses, signed and dated. Interview not only those witnesses who support the grievor but also those who don't. This can help you find out what really happened, and to know what you are up against. Write it all upOnce you have completed your investigation, you should make a written record to ensure that key points are not forgotten or distorted when passed from one person to another. Be patientMonths may elapse between the events giving rise to a grievance and its final settlement at arbitration. Whodunnit?Management, most likely. A grievance is like a detective story – you must sift through all the evidence “before you know” who did what. It is very important to treat every investigation and every grievance as if it was going to arbitration. If it ever does, you'll be prepared! Even if the matter is not taken to arbitration, a statement of the facts may be useful when preparing future bargaining demands. [[{“fid”:”804″,”view_mode”:”default”,”fields”:{“format”:”default”,”field_file_image_alt_text[und][0][value]”:””,”field_file_image_title_text[und][0][value]”:””},”type”:”media”,”attributes”:{“style”:”width: 33px; height: 34px;”,”class”:”media-element file-default”},”link_text”:null}]] Back to top14. Grievance preparation checklistWho is involved in the grievance? Get their 4-11
Get the facts
Identify the remedy you want
Review your material
Seek out more experienced stewards and local union officers if you need help.[[{“fid”:”804″,”view_mode”:”default”,”fields”:{“format”:”default”,”field_file_image_alt_text[und][0][value]”:””,”field_file_image_title_text[und][0][value]”:””},”type”:”media”,”attributes”:{“style”:”width: 33px; height: 34px;”,”class”:”media-element file-default”},”link_text”:null}]] Back to top15. Writing the grievanceProper writing of grievances is very important and may determine whether a grievance is won or lost. There is a difference in writing a grievance for presentation to the employer and writing an investigative fact sheet for the union's record. The official grievance should contain only facts and a statement of claim – as distinct from your “facts sheet” which is for your use only. Tips for writing the formal grievance
If you specify the clause of the collective agreement in dispute, always include the phrase “and/or any other clause in the collective agreement which may be applicable.” This will give you more flexibility later. What do you want? Full redress. Write “full redress” on the grievance form, which should cover all aspects of the grievor's claim.e organized Sample grievanceA grievance might be written like the following: "Statement of Grievance: The union is grieving because the actions of management violate Article 10.01 and/or any other clause in the collective agreement which may be applicable. "Settlement Required: Full redress." Grievance jitters?Sometimes, members may not want to submit a grievance. That is normal. They might be fearful for their job. They don’t want to upset their supervisor. Maybe they don’t want to be branded a “trouble-maker”. It can be sticky. But it’s your job as steward to safeguard and uphold the contract. If you allow a bad practice to continue, it can eventually be considered a past practice and, therefore, damaging to the contract. Sometimes, this means filing a grievance even if the worker involved doesn't want to. What if the worker wants to drop their complaint?Investigate it as you normally would do with any other grievance. If you find it justified, sign it yourself, or get the grievance committee or union executive to sign it. You can do this under your authority as a steward. It is an effective method, as it gets around the workers’ fear of signing or pulling their grievance. But it may place a heavy responsibility on you as a working employee. The employer may try to pressure you into withdrawing the complaint. There is power in the unionAn even better solution may be to present the written grievance as authorized by the local through an authorized membership meeting. In this manner, the steward, or president, or secretary of the grievance committee can sign it “authorized by the Local above the signature.” When the grievance is filed in this manner, it comes from the large, impersonal union and the employer cannot put pressure on either you or your member. If you press a grievance that a worker won’t sign or wants to drop, your decision to carry it should be based on one dominant factor – what is best for all the membership! Some reminders
[[{“fid”:”804″,”view_mode”:”default”,”fields”:{“format”:”default”,”field_file_image_alt_text[und][0][value]”:””,”field_file_image_title_text[und][0][value]”:””},”type”:”media”,”attributes”:{“style”:”width: 33px; height: 34px;”,”class”:”media-element file-default”},”link_text”:null}]] Back to top16. The Grievance ProcedureEvery contract contains a section called the grievance procedure. Study it. Grievances can be lost by not following the correct procedure and by not observing time limits. A typical grievance procedure might have three or four steps. These steps will tell you which level of management is to be approached at each step, the time you have to submit the grievance and appeal to the next stage where necessary. Those closest to the dispute, both on behalf of the union and of management, should first try to reach a settlement. If they are unsuccessful, then representatives with more authority from both sides are brought in as the grievance progresses through the steps, ending in arbitration. There are advantages to settling the grievance at the lowest step possible. For the steward, settling a grievance at the first stage will add to your reputation and authority with the members and your supervisor. The higher up you go in the grievance procedure, the harder it will be to settle the grievance because each side will have more to lose. Management does not like to have to overrule their personnel and will stand behind them. This could lead to a time-consuming and expensive fight in arbitration. TIP: Steward be nimble, steward be quick!
Each step of the grievance procedure will likely have a time limit. Management has a stated period of time within which it must give a reply to the union; the union has a stated period of time within which it must announce any intention to appeal the grievance. If management fails to comply with the time limits, move the grievance to the next step. Sometimes, however, you will find that either the union or management may raise a point during a grievance hearing that requires further investigation and may make it difficult to reply or proceed to the next stage within the time limits. In this case, either party may request an extension or waiver of the time limits, subject to the other party's agreement – always in writing. In some contracts the first stage of the grievance procedure is a verbal presentation involving the steward, the grievor and the supervisor. The grievance is only presented in writing if settlement is not reached at the verbal stage, or if either party considers it necessary. When proceeding to the second stage, the written grievance must be submitted within the time limitations set out in your agreement for the first stage. Even if settlement is reached verbally, however, it is still important for the steward to keep a record of the grievance for union files – it might prove useful should the same or similar situation arise once more. This is handy information for the committee in negotiations. In some contracts, the first stage of the grievance procedure might require formal presentation of a written grievance when you, the grievor, and the supervisor meet. Tips for presenting a grievance
Remember, workers don’t file and process grievances, the union does. Employees usually don't have the requisite experience. They may not know the process and they may not know how to handle the supervisor (plus they don’t have the protection of being a union representative). They might be “too close” to the complaint and get locked into a personal conflict. Lastly, management may scare the grievor into dropping it by bringing up some other irrelevant matter. A note on the steward-supervisor relationshipA good working relationship between steward and supervisor makes both your jobs easier. In union-management relationships, the supervisor (backed by management) and the steward (backed by the union) are equals – sharing responsibility for successful labour relations. The two of you will have to discuss and settle many knotty problems. A friendly but business-like relationship right from the start will help a lot. But of course, your first aim in any grievance session is to win justice for your fellow workers whose rights have been violated. Remember, supervisors are people too! They respond to pressure – and to common sense. [[{“fid”:”804″,”view_mode”:”default”,”fields”:{“format”:”default”,”field_file_image_alt_text[und][0][value]”:””,”field_file_image_title_text[und][0][value]”:””},”type”:”media”,”attributes”:{“style”:”width: 33px; height: 34px;”,”class”:”media-element file-default”},”link_text”:null}]] Back to top17. ArbitrationArbitration is the final appeal and is a hearing before an impartial third party chosen by the mutual consent of union and management. If the union and management cannot agree, there is provision for the provincial, territorial or federal Minister of Labour to make the appointment. Some contracts provide for a single arbitrator, usually named in the collective agreement. The single arbitrator hears the case and then writes the decision which is binding on both sides. Other contracts provide for an Arbitration Board made up of one nominee from the union and one nominee from management. Following consultation, the union and management nominees choose a mutually acceptable chairperson or, failing that, an arbitrator appointed by the Minister of Labour. In this instance, it is the three-person board which will hear the case, with the chairperson retiring to write the decision. The decision of the chairperson is submitted to the board members who will sign in agreement or submit a written dissension. The majority decision of the board is binding on both parties. The arbitrator or board only has authority to interpret the agreement as written. They are not allowed to amend, alter, add to, or take away any provisions contained within the agreement. The arbitrator or board is also restricted to dealing with the grievance as presented. For this reason, many unions require the previously mentioned general statements of the grievance on the grievance forms so they are not restricted to a single clause or section of the agreement at a later date causing them to restrict the scope of their case. WATCH: CUPE's Hayley Thomas explains arbitration[[{“fid”:”846″,”view_mode”:”default”,”fields”:{“format”:”default”},”type”:”media”,”link_text”:”CLC WhatisArbitration draft”,”attributes”:{“class”:”file media-element file-default”}}]] 18. Interpreting the ContractContract clauses can always be interpreted in different ways, and the guidelines below might explain some of those differences. They aren’t firm rules, however. There will always be exceptions, but you should find that most of these will help you decide whether you have a grievance or not. What was the intent of the parties who wrote the agreement?
The contract should be interpreted as a whole.
If the wording of the contract is clear and definite, it will generally prevail.
If the wording of the contract is vague and indefinite, the interpretation of the parties and their practices will carry considerable weight.
Decisions made in similar cases in the past affect decisions in present cases, particularly if the same parties were involved.
Express (written) provisions imply the exclusion of everything not mentioned.
Implied (unwritten) provisions may exist if they are consistent with the express (written) provisions.
When both general and special provisions concern the same thing, the special provisions will generally prevail.
A reasonable interpretation will prevail over one that is unreasonable or absurd.
A note on management’s rightsA common management position: If something is not specifically limited in the collective agreement, management has the residual power to do it. Some arbitrators say a specific provision in the contract is necessary to limit management’s rights. Others take the view that limits on management rights are not necessarily restricted to those contained in specific provisions. They may be “implied obligations” or “implied limitations” under some general provision of the agreement such as the recognition clause, or seniority provisions. Arbitrators have also been known to modify residual rights by imposing a standard of reasonableness as an implied term of the agreement. Certainly, many arbitrators are reluctant to uphold arbitrary, capricious or bad faith managerial actions which adversely affect bargaining unit employees. It should also be noted that even where the agreement expressly states a management right, or gives it discretion, management's action must not be arbitrary, capricious or in bad faith. [[{“fid”:”804″,”view_mode”:”default”,”fields”:{“format”:”default”,”field_file_image_alt_text[und][0][value]”:””,”field_file_image_title_text[und][0][value]”:””},”type”:”media”,”attributes”:{“style”:”width: 33px; height: 34px;”,”class”:”media-element file-default”},”link_text”:null}]] Back to topWhat is the final step in the grievance process?Answer and Explanation: The correct answer is A. The final step in the grievance procedure is arbitration.
What are the 4 steps of the grievance process?Step 1 - raise the issue informally with the employer. Step 2 – raise the issue formally with a grievance letter. Step 3 - grievance investigation should take place. Step 4 - a grievance hearing may be required to review the evidence and for a decision to be made.
What are the stages of a grievance?Step 1: Understanding the options.. Step 2: Raising a formal grievance.. Step 3: Responding to a formal grievance.. Step 4: The grievance meeting.. Step 5: Deciding the outcome.. Step 6: After the grievance procedure.. What is the final step in the grievance process quizlet?Which of the following steps is most likely to be taken by the union as the final step in the grievance handling procedure? Request an arbitrator to resolve the grievance.
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