The
following are some basic tips on grievance writing. Most of this
advise applies to all grievance writing but it is important to check
with your union local and its grievance committee to see if local
policy requires some deviation from these suggestions.
One of the most difficult jobs of
any union representative is writing a grievance. The collective
bargaining agreement and National Labor Relation Act allow for a
steward or representative to write the grievance on behalf of the
member. By having the steward write the grievance, the member can be
better represented and the process used effectively to build
solidarity in the local union.
Many members do not know their
rights and can be intimidated in the grievance meeting. The union as
policy should be present at every grievance meeting.
INFORMAL DISCUSSIONS
Some contracts provide for a meet
and discuss with management before the grievance is reduced to
writing. This meeting may be a first step in your grievance
procedure, an informal pre-first step, or a monthly meeting to
resolve issues. If you can settle the issue at this level so much the
better. But most grievances are put into the process with a form.
YOUR GRIEVANCE FORM
Use the standardized form in
multiple copies. The multiple copies enable the local union to track
the grievance if it is appealed.
Every grievance form has three
parts. There is the information section which asks who the grievant
is and some basic information such as employee identification number,
work location, department, region and immediate supervisor.
The second section usually asks
for a statement of grievance. Here is where the steward explains what
the grievance is with an accurate explanation.
And, there is a section for the
remedy.
There are other lines for the
grievant’s and union representative's signature, the date, as well
as the date received by the company representative or the immediate
supervisor.
BE TIMELY
You must be timely in the
presentation of your grievance. That means you should file it within
the proper amount of time that is stipulated in our contract. Be
careful of contract language. Working days and calendar days are
different. Filing after the knowledge of the occurrence is different
from having to file after the date of the incident.
When you write the grievance,
limit the statement to basic information. Provide only enough
information to identify the grievance so that management understands
what the basic problem is, what violations have occurred and how the
problem should be fixed.
BE BRIEF
You are not obligated to tell
management in a grievance all of the results of your investigation.
Don’t do their work for them.
Omit the union’s arguments,
evidence and justification for it position. You should save that for
the grievance meeting. You don’t need to tip your hand before you
get to that grievance meeting.
Avoid personal remarks. State the
position of the union not opinions. Opinion words include “I
think,” or “I believe.” Avoid them.
When stating why there is a
grievance use the phrase “management’s action is in violation of
the contract including Article… Section… and …” Allow for the
possibility that there could be other violations.
THE REMEDY
You need a remedy in every
grievance. By filing a grievance you are determined that management
make right an injustice. Management might not give you anything.
You’ve got to tell them what is necessary to remedy the violation.
When you write your remedy, don’t
limit it. In grievances that involve money, benefits, or protests of
discipline, use the phrase “the grievant should be made whole in
every way including . . .” Then ask for what you want.
The general phrase “made whole
in every way,” means that the grievant should receive any and all
losses due to management’s action. The word “including” allows
you to add specific remedies that are expected to be fulfilled by the
company.
Just because you use the phrase
“made whole in every way,” does not mean that the company or even
an arbitrator will search out the specific rights and remedies the
company has denied your grievant. It is up to you to list in writing
any remedies within the context of the original grievance.
Eight
Rules in Writing a Grievance
Here are eight practices to
follow to ensure that your written grievances have the desired effect
to resolve and remedy a violation:
-
Short and Sweet. Unless contract
specifies otherwise, limit the information you present to what the
basic problem is, what violations have occurred, and how the problem
needs to be fixed by the employer.
-
Omit all arguments. You should
not include arguments, evidence, and justifications on the form,
unless the contract states otherwise. Save these items for the first
level meeting when you go in to speak with management.
-
Use flexible language. When
citing dates, precede the actual date of the event with the phrase,
“On or about.” So that a grievance dealing with supervisors
doing bargaining unit work might read, “On or about March 21,
supervisor Brown performed bargaining unit work by painting a wall
panel.” If this happened on two dates March 20 and 21, you stand
on firmer ground for the grievance.
-
Don’t limit contract
violations. When you write your grievance use the expression,
“management violated the contract including
but not limited to
Article V, Section 5.” By adding the words “including but not
limited to,” you are on surer ground if you need to add additional
violations of the agreement if discovered later on.
-
Involve the grievant. This rule
may seem obvious. By consulting with the member, you will be getting
all the details you need to pursue the grievance and at the same
time make sure both of you are on the same page in requesting an
appropriate remedy.
Some of contract language is very
specific and indicates what the grievant is entitled to. This
language should be seen as a strength, not a weakness. It means that
you will have to work with the grievant in getting the facts down on
paper. It also keeps the member as a direct participant in the
grievance process and this strengthens the union.
-
Sign the grievance. Whether the
contract calls for a grievant’s signature or not, get the member
to sign. It empowers the member and at the same time makes clear
that the union and member will speak as one.
7. Stay timely. Do not miss your
time limits. Whatever the issue, never lose out because you missed
the time limits set up by your contract.
-
Focus on the process. Prepare
each grievance as if it will be arbitrated. Do the proper
investigation early; keep good notes; and pass copies of everything
up to the local union.
Writing
a Grievance (Examples)
-
Don’t go into too much detail.
Use the 5 W’s in putting in only enough information to identify
the grievance. The nature of the grievance (who, what, when, where
and why) should be summarized in one to two sentences.
-
Generally you want to limit your
statement to the base essentials of what happened. This means
omitting personal judgments, the nature of the evidence that the
union might use later on, and the full justification for the union
position. In many cases this information might only be used by
management to prepare a better case against the union.
Example:
Better than:
“The grievant, Bill Brown, was
abused and discriminated against by the supervisor, and the union has
three witnesses to this treatment, in addition to work records….”
Would Be:
“On or about July 15, 1994, the
grievant, Bill Brown, was treated unfairly by supervision in
assigning work, including Article 7: Rotation of Work Assignments.”
As in the above example, in
stating the “why” grounds for the grievance, do not limit the
union position to a single section of the contract.
Example:
Better than:
“The foreman’s action
violates Section 12 of the contract….”
Would Be:
“Violations of Article 12,
Rotation of Work Assignments, and any other that may apply.”
Cover yourself when stating
specifics, especially in cases where technicalities have been used in
the past to deny grievances.
Example:
Better than:
“On January 13th and 26th, and
February 2nd, the grievant was bypassed in selecting workers for
overtime. . . .”
Would Be: (in a case where there
could be an error on one of the dates):
“On or about January 13th……”
Grievants have been sold short by
poorly phrased remedies (also known as request for settlement). In
stating your demand (the requested remedy), do not ask for anything
less than full compensation for the grievant. Better still, use a
phrase such as “made whole.”
Example:
“The union demands that the
grievant be made whole including full back pay and reinstatement with
no loss of seniority.”
Do not get personal.
You are representing the union both in person and through the written
grievance – be professional.
Thoroughly discuss the grievance
with the grievant. Explain what you are doing. Explain the requested
remedy and get the member’s full understanding and agreement. Have
the member sign the grievance.
Do not wait for the grievant
and/or steward to come to you with questions regarding the grievance.
Keep the grievant and steward posted on each action.
Consult with other
representative or officer, etc.,
Do not be afraid to ask for help or seek another opinion.
Prepare
grievances on the assumption that they are going to arbitration.
Arbitration is part of the grievance process.
