Basics of the Grievance Procedure
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Basics of the Grievance Procedure

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This presentation gives an overview of the purpose of a good grievance procedure.

This presentation gives an overview of the purpose of a good grievance procedure.

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Basics of the Grievance Procedure Presentation Transcript

  • 1. The Grievance Procedure Bob Kraves [email_address]
  • 2. What is a Grievance? A grievance is an official complaint of a violation of a worker’s rights on the job.
  • 3. The Grievance Procedure is Used: To settle disputes which arise during the life of the contract. To establish an orderly manner for handling disputes. To assure every worker there is a mechanism for resolving grievances.
  • 4. The Grievance Procedure is Used:
    • To present grievances in a united and dignified manner.
    • To establish rules in the workplace which allow either side the right of appeal until a final binding decision is reached.
  • 5. VIOLATION OF:
    • CONTRACT
    Six Grounds for a Grievance
    • LAW
    • PAST PRACTICE
    • COMPANY RULES AND REGULATIONS
    • MANAGEMENT’S RIGHTS
    • DISCIPLINE UNJUST/EXCESSIVE
  • 6. The Grievance Procedure
    • One of the most important functions of the IAM is grievance handling.
    • In the same way, one of the most important parts of the collective bargaining agreement, if not the most important part, is the grievance procedure.
  • 7. What is a Grievance Procedure?
    • An agreed-upon channel for complaints.
    • A fixed number of steps and who is involved at each step.
    • A provision for time limits at each step in order to discourage stalling.
  • 8. Why Have a Grievance Procedure?
    • Provides a systemic method for settling problems and interpreting the contract.
    • Provides the worker with representation and defense.
    • Brings the organized strength of the IAM behind the aggrieved worker.
  • 9. Why Have a Grievance Procedure?
    • Channels complaints to management.
    • Usually provides for third party settlement in the event of a deadlock.
  • 10. Characteristics of a Good Grievance Procedure
    • The grievant is to have representation by the IAM at each step of the procedure.
    • There are definite time limits between the various steps of the grievance procedure and provisions for failure to meet the time limits.
  • 11. Characteristics of a Good Grievance Procedure
    • The steward and the supervisor have the authority to settle grievances in the early steps.
    • At some early step in the procedure the grievance is reduced to writing.
  • 12. Characteristics of a Good Grievance Procedure
    • Other IAM officials and management participate in the succeeding steps of the grievance procedure.
    • There is a terminal or end point, arbitration, at which the grievance is finally resolved.
  • 13. Five Points to Prepare Grievances
    • Listen to the facts
    • from the worker
    • Listen to the problem as presented by the worker and then ask questions to make sure you have the facts correct and understand the situation.
  • 14. Five Points to Prepare Grievances
    • Test for a grievance
    • Check the problem with the contract to see if there is a violation involved. The problem may not involve the contract, but may have a solution elsewhere.
  • 15. Five Points to Prepare Grievances
    • Investigate
    • Before writing the grievance, double check the facts as thoroughly as you can with whatever records are available and other persons who may be involved.
  • 16. Five Points to Prepare Grievances
    • Write the grievance
    • Our contracts call for written grievances. Write a simple statement and conclude with the specific remedy sought. Use the proper forms.
  • 17. Five Points to Prepare Grievances
    • Present the grievance
    • Present the grievance to management in a firm, but polite, manner. Discuss the grievance, explaining the facts of the case without getting sidetracked.
  • 18. If the Grievance is Won/Lost…
    • WON
    • Obtain the settlement in writing and keep it as your record. It may be useful in later cases.
    • LOST
    • Appeal without delay, and keep the grievant informed of the progress of the case.
  • 19. Putting a Grievance on Paper
    • Check your grievance procedure in your contract. Stewards must check the contract so they know the answers to these questions:
    • At what stage in the procedure must a written grievance be filed?
    • Who is responsible for writing & signing it?
    • What are the time limits involved?
  • 20. Write the Grievance
    • The grievance must state what clause or articles in the contract have been violated.
    • Every written grievance should contain the “Five W’s”.
  • 21. The “5 W’s”
    • WHO was involved?
    • Names, employee number, jobs, department, etc.
    • WHY is it a grievance?
    • Seniority bypass, pay shortage, unjust treatment, violation of past practices, safety hazards, etc.
  • 22.
    • When did it happen?
    • Date, time – Show the date the grievance occurred, not when it is written.
    • Where did it happen?
    • Station, department, section, base, etc.
    • What settlement is wanted?
    • Enforce contract, be put on job, adjust seniority, retroactive pay, etc. – if the settlement is to be retroactive, this should be stated.
  • 23. Grievance Writing Vocabulary
    • Violated the collective bargaining agreement
    • Violated past practice
    • Performed a discriminatory action
    • Discipline (discharge, demote, suspend, transfer, fine, reprimand)
    • Failed to comply with laws or regulations
    • Obstructed due process
    • Jeopardized health or safety
    • Reinstate
    • Make whole
    • All rights and benefits
  • 24. Grievance Writing Vocabulary
    • Article________, governing_________
    • Past practice
    • Consideration
    • Letter of warning or reprimand
    • Verbal criticism
    • Upgrade in classification
    • Violation of contractual rights
    • Interference in the performance of duties
    • The rights of employees to effective and fearless representation
    • The work station
  • 25. Grievance Writing Vocabulary
    • Matters affecting the terms of her/his employment
    • Without just cause
    • Arbitrarily
    • Entitled to
    • Incidental to his/her duties as a steward
  • 26. Check the Grievance
    • The final product should:
    • Include all essential facts.
    • State the case clearly and accurately.
    • Be brief and to the point.
    • Be submitted in the appropriate format.
    • Be neat and legible.