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Grievance Guide |
The collective bargaining agreement – the contract between union and employer – is the legal document, which brings a measure of justice, equality and democracy to the employment relationship and the workplace.
The grievance procedure in a collective bargaining agreement and the effective use of it by the union and its membership transforms the contract from a piece of paper into a living document.
The key to effective contract enforcement is the work and activity of the union steward at each work location.
A grievance is a complaint by an employee, a group of employees or the union, that:
1. There has been a violation or misinterpretation of a specific term of this agreement
2. An established policy or practice has been applied unfairly or inequitably
The purpose of the grievance procedure in a collective bargaining agreement is to provide for the speedy, orderly and equitable resolution of disputes. The grievance representative must conduct a full and independent investigation. The essentials of the grievance investigation consist of obtaining the fullest possible answers to the “6 crucial W questions”:
Who is involved?
1. When did it happen?
2. Where did it happen?
3. What happened?
4. Why is it a grievance?
5. What must be done to make the grievance whole?
The Steward’s 10
commandments
1. Do not shortcut the grievance procedure
2. Do stick to the facts
3. Do not lost your temper
4. Do talk less and listen more
5. Do not bluff or threaten
6. Do not permit stalling
7. Do not “horse-trade” grievances
8. Do attempt to settle at the lowest step
9. Do not argue with the grievant in front of management
10. Do keep the grievant informed about the grievance
Arbitration
Arbitration is the process by which unresolved grievances,
as defined in the contract, are submitted to a mutually acceptable third party,
who renders a final and binding decision and, when appropriate, makes an award
to the aggrieved party.
The majority of arbitration awards are not won because of the failure of one
side to adequately prepare and present its case in earlier stages.
The local grievance committee determines which grievances will be taken to
arbitration. In this role each member of
the review body should ask five questions regarding the particular grievance.
Deciding to arbitrate
1.
Is the
2. Do we have the evidence and arguments to win the case?
3. Is the issue sufficiently important?
4. What will be the effect of winning or losing on the contract?
5. Is there an acceptable alternative resolution?
REMEMBER: WORKING TOGETHER WE CAN MAKE A DIFFERENCE