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Basics of the Grievance Procedure
 

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 Basics of the Grievance Procedure Presentation Transcript

    • The Grievance Procedure Bob Kraves [email_address]
    • What is a Grievance? A grievance is an official complaint of a violation of a worker’s rights on the job.
    • 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.
    • 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.
    • VIOLATION OF:
      • CONTRACT
      Six Grounds for a Grievance
      • LAW
      • PAST PRACTICE
      • COMPANY RULES AND REGULATIONS
      • MANAGEMENT’S RIGHTS
      • DISCIPLINE UNJUST/EXCESSIVE
    • 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.
    • 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.
    • 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.
    • Why Have a Grievance Procedure?
      • Channels complaints to management.
      • Usually provides for third party settlement in the event of a deadlock.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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?
    • 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”.
    • 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.
      • 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.
    • 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
    • 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
    • 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
    • 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.