Dealing with
Difficult Situations
Some tips on dealing with difficult, unclear and problem
grievances ...
"I want to file a grievance"
"OK, tell me what happened"
"Well, last week Pete bid on a job in another department. That leaves the
machine he was running open and I want to run it."
"Who’s running it now"
"The boss put Sam on it, but I have more seniority than he does."
"Well, here’s the problem" the steward replies. "There’s
nothing in the contract that says you get to pick which machine in your
department you run. Seniority only applies to bidding into a different
department, or shift, or on an upgrade, not choosing which machine to
operate."
"I don’t care. I want to file a grievance"
"Listen, we can go and talk to the foreman and try to work things out,
we’ve done that before. Sometimes it works, sometimes it doesn’t."
"No way, I want to file a grievance now!"
What are the Steward’s options?
The union member has a right to the grievance procedure even if they are wrong
This is the standard rule to follow. The worker has the right to file a
grievance even if the steward thinks they are wrong. Usually this means the
worker has the right to start the grievance at the first step and argue his/her
case orally with the employer’s representative. The steward should be present
to represent the worker and to make sure the union’s interests are protected.
This is especially true when the case might not be "legally solid,"
but it is "morally correct." "Legally solid" means those
cases where the union can prove a violation of the contract, past practice, or a
law. "Morally correct" are those situations where the workers think
the machine should be picked by seniority and the union has tried to win this at
negotiations but couldn’t get it. In the example listed above the worker is
morally right to think he could get to run the now vacant machine, but the
steward can’t win the grievance by stating a contract violation.
It is not, however, an absolute rule that a worker has the right to the
grievance procedure and to be represented by the union.
If the person wanted to file a grievance against another worker instead of the
employer, that is wrong and the union wouldn’t have to pursue it.
If a person wants to file a grievance to break the contract in a way that would
hurt other workers, the union wouldn’t have to go along with it. For example,
a worker hates seniority and wants to file a grievance against seniority and in
favor of "merit pay." The union could refuse to file this because it
clearly violates the contract and will hurt the majority of union members.
When faced with a situation like this the Steward should consult with he Chief
Steward or Union Committee and make a collective decision on whether to pursue
or drop the grievance.
How should the steward act at the grievance meeting involving a "legally
bad but morally right" grievance?
The steward should make sure that the worker gets the chance to present his/her
case and is treated respectfully by the employer. If asked, the steward should
present the case simply, but correctly. In the situation where the steward knows
that the union doesn’t have a "legal" case, he/she can try to
convince the boss to go along with the union’s position. Many times the union
"wins" changes in working conditions long before winning changes to
the contract language. The steward however doesn’t have to go all out,
especially if the worker’s grievance is both legally wrong and morally wrong.
The steward has to maintain credibility with other members as well as the
employer.
How far does the union have to take a weak grievance?
It depends on the situation. What does the union expect to get out of pursuing a
grievance that can’t be won? In the example used above about bidding on a
specific machine the union may want to pursue it up the grievance ladder just to
make a point with the employer. In the case of "legally wrong but morally
right" the union may pursue the grievance to keep the issue in front of the
employer. Pursuing this type of grievance should not include pursuing it to
arbitration. More on this later.
Here’s a different situation.
A job is put up for bid. The contract says that the most senior bidder gets the
job if all the bidders are essentially equal in skills and ability. The union,
through years of fighting, has got the employer to the point where the most
senior bidder is always awarded the job bid. In this case the most senior bidder
is awarded the job. A new employee, who bid on the job wants to grieve this,
saying that he is much more qualified. This employee meets with his supervisor,
(step one of the grievance procedure) without a steward present and the
supervisor says that if the grievance is pursued he would award the job to the
new employee.
Does the steward now have to put the grievance into
writing?
What should the union do?
The union committee should meet right away with the steward to discuss the
situation.
*The committee should examine all the facts making sure that the employer’s
actions were consistent with the contract and past practice.
*The union committee should discuss and determine whether the grievance is legitimate.
*The union secretary should keep minutes of the meeting, especially all factual evidence the committee used in making its decision.
*Personalities must be kept
out of the discussion. The decision on whether to pursue a grievance must be
judged strictly on the merits of the case. No discussion should be allowed about
the worker’s personality or whether he/she is a boss’ pet.
In this case the Committee ruled that the grievance was not valid and pursuing
it would hurt the union membership. They declined to move the grievance to the
next step.
The Union contract and the grievance procedure belong to
the Union, not to individuals.
The Union contract exists to protect the workers as a group. It protects each
individual worker, but the contract is a legally binding document between the
employer and the workers as a group (the union). Because of this fact, each
individual worker does not have the right to take any case they want to
arbitration. If they did the union would go bankrupt and every boss’ pet would
try to arbitrate cases that would hurt the union. In fact, the Republican Party
once introduced legislation in Congress that would have mandated that unions
would have to take every grievance to arbitration if a union member wanted to,
even if there was no chance to win it. Their aim of course was to bankrupt local
unions’ treasuries.