How to Write a Labor Law Violation Grievance

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:

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

8. 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)

1. 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.

2. 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.