Processing a Grievance

One of the toughest jobs that a steward will face, is telling the difference between a grievance and a complaint. Is the workers complaint an unfair labor practice? Use the following steps to help make this determination:

Step 1. Interview the Grievant. Listen to everything he may have to say, without interrupting. Then ask questions.

Step 2. Gather Facts. Interview any witnesses. Get names, dates, and times.

Step 3. Is this a Grievance? Understanding your contract and past precedence or practices, will help make this determination.

Step 4. Writing the Grievance. After you have all the facts, write a short, concise statement, covering the six W’s.

*WHO was involved?

*WHEN did this take place?

*WHAT happened?

*WHERE exactly did the incident take place?

*WHY is this a Grievance? Explain exact section of contract violation.

*WHAT SETTLEMENT or corrective action does the union want?

Step 5. File the Grievance. See contract section below:

Grievances or complaints arising between the Company and it’s employees shall be settled according to procedures outlined in the contract.

Step 1. Oral Submission of Grievance to Supervisor. The employee and, at his option, the Committeeman shall contact the employee’s supervisor and shall attempt to effect a settlement of the grievance. Such oral presentation shall be made within 10 workdays following the occurrence of the event giving rise to the grievance. The supervisor shall, within 5 workdays thereafter, provide to the employee the answer to the grievance.

Step 2. Oral Submission of Grievance to Division Human Resources Management. If the decision of the supervisor does not settle the grievance, the Committeeman shall, within 5 workdays subsequent to the receipt of the supervisor’s answer, contact the designated Human Resources Manager of the division for the purpose of arranging a meeting to discuss the grievance. The meeting will be held within 5 workdays following such request and shall be attended by the Committeeman, the employee, and appropriate Company Representatives. The Company’s answer to the grievance shall be made within 10 workdays following such meeting.

Step 3. Written Submission of Grievance to Company Offices. If no settlement is reached, the designated Union Representative may immediately thereafter reduce a statement of the grievance to writing, which shall contain the following: (1) the detailed facts upon which the grievance is based, (2) references to the section(s) of the Agreement alleged to have been violated (except in cases of dismissal or suspension for just cause or of involuntary resignation), and (3) the remedy sought. The written grievance shall be submitted to the designated Company Representative within 5 workdays following receipt of the answer provided in Step 2.

After such submission, the Company and Union Representatives may, within the next 10 workdays, meet and settle the grievance, and over their signatures indicate the disposition thereof. Otherwise, promptly after the expiration of such 10 day period they shall sign the grievance indicating that the grievance has been discussed and reconsidered by them and that no settlement has been reached, and the Company Representative will promptly thereafter confirm in writing to the Union Representative the denial of the grievance.

Step 4. Arbitration. If no settlement is reached in Step 3 within the specified or agreed time limits, then either party may in writing, within 10 workdays thereafter, request that the matter be submitted to an arbiter for a prompt hearing.