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Gr Basics II


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Gr Basics II

  1. 1. Grievance Basics - Part II
  2. 2. Review – Fact Gathering  Investigation is the foundation of the grievance process  Thorough gathering of facts enhances resolution opportunity  Resolution of grievance based on facts not feelings  Obtain the facts while fresh – memories fade quickly  Facts will be used when writing the grievance
  3. 3. The 5’ws plus 1  Who was involved in the dispute?  What happened which led to the grievance?  When did the relevant events take place?  Where did the relevant events take place?  Why did all relevant actions occur?  What is the remedy?
  4. 4. Grievance Purpose and Elements  Purpose of Grievance  To enforce the contract where rights of an employee is violated  To guard against the possibility that rights will be eroded through an unfavorable past practice  Essential Grievance Elements  Claim management has violated, misinterpreted or misapplied contract  Demand for an appropriate remedy that corrects an improper action
  5. 5. Got the Facts – Now Analyze  Investigation is finding out what happened – the facts  Situation facts – What happened  Analysis – What was supposed to happen – the contract  Contractual facts – What was supposed to happen  Apply facts of situation to facts of the contract  Analyze through Questions
  6. 6. Example Analysis Questions  What contract provision is relevant? (Article or Section)  What part of the contract has been violated? (Subsection)  How did the violation occur?  What law, regulation, policy or directive is relevant?  What past practice is relevant?  What precedents are relevant?
  7. 7. Precedents  Union grieved and won  Union grieved and lost  Never happened before
  8. 8. Grounds for Grievance  Taking action prohibited by contract  Failing to take action required by contract  Interpreting contract differently than union’s understanding
  9. 9. Writing a Grievance  Keep it Simple  Use a form if required or available  Written grievance will answer three basic questions  What happened or failed to happen (circumstances)  Why is the situation a grievance (contention)  How should the employer correct (remedy)  Try to answer each with no more than 3 sentences
  10. 10. Poor Example: Change in Starting Time • Statement • Without even talking to the union about it, management decided to change the starting time of the swing shift and the evening shift. Changing starting time by 45 minutes would wreak havoc in the lives of employees. Management never listens to the union and they can’t just go around doing whatever they want. This is unfair for all workers on these two shifts. • Remedy • That management stop pulling stunts like this and start following the contract
  11. 11. Good Example: Change in Starting Time  Statement of Grievance  On September 20, management changed the start times of the swing and evening shift. This action violates Article VII (Hours of Work), Article XIV (Definition of Shifts) and any other relevant articles of the contract.  Remedy  That management immediately return to the schedule described in the contract.
  12. 12. Let’s Call Them The Top 10  1.Have a Plan  2. No Surprises  3. Don’t Lose Your Cool  4.Be Realistic  5. Know Where Other SidesStands
  13. 13. More Strategies – Five More  6. Don’t Get Personal  7. Ask Questions  8. Have Notes – Take Notes  9. Have Written Evidence  10. Stay United