CHAPTER NINE

GRIEVANCE

Finding appropriate ways to handle grievances and complaints is part of good management.
In any organization it is important to address complaints effectively and in a timely manner
so as to ensure good relationships with all stakeholders as well as the effective functioning of
the organization. Experience shows that as significant numbers of grievances arise from
misunderstandings.

A typical question raised about the need for a specific grievance mechanism is: “Why do we
need a specific grievance mechanism as long as we are operating in a country governed by
rule of law and where people can resort to existing administrative or judicial redress
mechanisms?” Possible responses are as follows:

 Existing administrative or judicial redress mechanisms are often overwhelmed and

slow, and may entail upfront expenses that are beyond the reach of ordinary people;
 A specific Project grievance mechanism effectively reduces Client exposure to
litigation – and related risks and costs;
 Having a responsive and relatively flexible grievance mechanism helps to address
community and individual concerns and complaints before they escalate beyond
control;
 Being seen to be ready to respond to concerns and grievances enhances the reputation
of a company and helps acquire and sustain the ‘social licence to operate’

WHERE DO GRIEVANCES COME FROM?

For a real grievance to have occurred there must have been a violation of an employee's rights
on the job. Also, it must have been the employer or one of his/her agents -- like a supervisor
or manager -- who has violated these rights, directly or indirectly. If an employee makes a
compliant that doesn't involve the employer in some way, you may still have to deal with it,
but it won't be a grievance.

Most grievances are "real" in the sense that we are sure the employer has violated someone's
rights; but this doesn't mean we will always win the case. We are limited by the contract, by
our skills, or by how much union power we have. So a grievance can turn out to be no more
than an "alleged violation" or even just a complaint.

It's your job as a steward to decide which rights have been violated and so determine whether
a grievance exists. Because most employees' rights are contained in the contract, this is the
first place you look to see if there is a real grievance against the management. If the
grievance is a clear-cut violation of the contract, it will be easy to prove, provided, you stick
to your guns. If it involves an interpretation of the contract, it will not be so easy to prove.

The kinds of grievances that may occur under the contract are:

a. Wage Grievance - failure to pay agreed rating including: starting pay automatic
increase merit increase improper classification of job employee wrongly classified shift
premium vacation pay or bonus call-in pay improver incentive or piece rate

b. Wage Inequities (usually handled through collective bargaining negotiations or

through supplementary wage agreements)

c. Unreasonable Rate of Production or Workload (Speedup) violation of time or

production standard can be approached from the standpoint of a physical working condition
or violation of principle of "fair day's work for fair day's pay."

d. Assignment and Placement of Workers improper transfer (violation of seniority

clause) improper promotion improper allocation of work (as in overtime) improper layoff
or recall

e. Disciplinary Action because of: unreasonable rule penalties without just cause
employees not properly notified of rule or penalties reprimand (recording warning)
disciplinary layoffs discharge

f. Physical Working Conditions unsafe or unhealthy working conditions (could be a

violation of provincial, state or federal safety laws or workplace rules).

g. Supervisory Practices abuse of authority intimidation or coercion over-supervision

(snooping) inadequate supervision (failure to instruct properly) supervisor working on
bargaining unit jobs discrimination favouritism.

h. Personal Rights and Privileges leaves of absence failure to accord equal treatment
(discrimination).
i. Violation of Union Rights failure to give proper representation (no steward working
overtime) undermining the union undermining grievance procedure

j. Other Contract Violations some contracts may contain clauses not covered by the
above lists.

WHO IS AGGRIEVED?

Summary: we can classify grievances according to where they come from and how they arise,
but we can also look at them according to who is affected.

Individual grievances: Most grievance affect only a single individual. Even so, you as a
steward should be filing the grievance, not the employee on her/his own (if the contract
permits it). It is in the interests of everyone in the union that the grievance is handled
properly, bearing in mind the interests of the union as well as the griever. And, when an
individual's rights have been violated and he or she refuses to file a grievance, you should file
the grievance on behalf of the union -- especially if the contract specifically permits it. In this
way, you will defend the collective bargaining agreement and protect the rights of all
employees covered by it. The management's argument that you cannot file an individual
grievance on behalf of the union is invariably false.

Group grievances: This is where several employees have the same complaint. Usually you
file the grievance on behalf of the group (who must be clearly named or defined) though there
is nothing wrong with filing a series of individual grievances dealing with the same issue.

Union grievance or policy grievance: Exactly what your rights are and exactly what these
grievances are called depends on the language used in the contract. These two types of
grievances usually mean the same thing.

WHEN IS A COMPLAINT NOT A GRIEVANCE?

If the management has not violated anyone's rights, there is no grievance. But, there may be
a real complaint, and if you are a good steward you will deal with complaints as seriously as
you would a grievance. Here are some types of complains:

• Personal troubles and requests for advice You will often find that people want to confide in
you. Treat them sympathetically; try to help them and keep confidences strictly to yourself.
• Complaints about fellow workers These need a lot of tact, diplomacy and moral authority
on your part. This sort of complaint becomes a grievance if management gets involved when
it shouldn't, according to the contract or past practice -- or it doesn't get involved when it
should.

• Complaints about government agencies and local bodies

• Complaints against management not covered by the contract. There may be cases you have
to face which do not involve an injustice, do not violate past practice and are not covered by
the contract. It still may be possible to remedy these complaints by informal discussions
between the union (you) and the employer.

• Borderline cases: You should seek advice from the chief steward or the grievance
committee or your local business representative before taking these up as grievances. Report
back to the person complaining as soon as possible, explaining what you are doing and why.

• Complains against the union It is up to you to explain to the complainer what his or her
rights are under the rules and constitution of the local and international union.

DO'S AND DON'TS:

Do's

1. Require the steward to identify the specific contractual provision allegedly violated.
Determine whether the matter can properly be constituted a grievance, as defined by the
agreement.

2. Determine whether the grievance was filed, appealed, and processed from step to step
within the contractual time limits and whether the grievance meets all other procedural
requirements dictated by the agreement.

3. Examine the agreement carefully. Is it silent on the matter in dispute? If so, is there a past
practice covering it? Is it known to both parties? Was it instituted unilaterally or bilaterally?
Has it been relied upon before? How long has the practice existed?

4. Examine the relevant contract provision. Is it ambiguous or unclear. If so, how has the
provision generally been interpreted by the parties? Has there been consistent
administration?
5. Determine whether you have treated employees differently under similar circumstances.
If so, why? Has the prior relationship with the grievant been good or poor? If poor, why?
Has the grievant been disciplined on a prior occasion? Why, and what was the outcome?

6. Investigate or seek advice on past grievances for any similar issues that have been
resolved in prior cases, for repeated grievances on the same issue, and for arbitration awards
on the same issue.

7. Record all results of your investigation.

8. Gather for possible future use any records that bear on the case, such as time cards,
production records, absenteeism reports, payroll records, etc.

9. Remember that the union is the moving party on all but discipline cases. Require the
steward to present his argument, his positions, his case.

10. Permit a full hearing of the issues. Be sure the steward has presented his whole case; be
sure you have everything on the record that is pertinent.

11. Give the steward reasonable latitude in the way he presents his case, but don't permit him
to taken an excessive amount of time to demean management personnel.

12. Make a full record of both the steward's and your positions, arguments, witnesses,
evidence, and participants in discussions.

13. Treat the steward with the respect due his office, and demand the respect due your office
from him.

14. Control you emotions, your remarks, your behavior.

15. Pass along to your personnel officer your experience with any troublesome contract
clauses.

Don'ts

1. Don't discuss the case with the union steward alone if the grievant is at work and can be
present during the discussion.

2. Don't argue with the steward in the presence of employees.

3. Hold your discussions privately.

4. Don't admit to the binding effect of a past practice for settlement of the grievance until
you have first discussed it with your personnel officer.

5. Don't assume a judicial role. Hear the union's case, then be an advocate. Represent
management's interests.

6. Don't withhold any relevant facts -- if they reveal weaknesses in your case, prepare logical
and persuasive defences.

7. Don't make settlements that obligate the employer to prior approval, mutual consent, or
joint consultation with the union before management can act.

8. Don't ask favours of the union. It will expect a reciprocal concession from you some day.

9. Don't make any settlements "outside" the terms of the agreement.

10. Don't hold back a remedy if the employer is clearly wrong.

11. Don't count on the union to assume authority for resolving your problems, exercise your
authority and dispose of issues.