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(click on a
question below to go directly to the answer)
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How can the union help solve my problem, and what’s my role?
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What is a grievance?
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Why is it
important to resolve issues early?
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How do I begin?
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Why is it
important to write things down?
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How
about tips on taking notes and writing letters?
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How do I write and
file a grievance?
How can the union help solve my problem, and what’s my role?
Imagine yourself
driving down a street and coming upon a stop sign. Do you stop? If
you are like many people, the honest answer would be "it depends."
It depends on whether or not there are any other cars coming, of
course. But it may also depend on whether you think there is a
police officer around who might give you a ticket for not stopping.
You see, the written law by itself is not enough. Society recognizes
the need for law enforcement. That’s why we have police officers.
Members of a union perform a similar role, ensuring that the
employer abides by the collective bargaining agreement. Without us,
the contract would eventually become worthless.
Contract enforcement is the way we establish and protect our rights
from day to day:
• It ensures that all the benefits and protections written into our
contract at the bargaining table are extended to everyone covered by
the contract.
• It breathes life into the contract. No matter how carefully it is
written, no contract can anticipate every question that arises under
it. Applying it in real life situations gives it meaning for our
members.
• It helps improve our contract. Contract enforcement reveals the
strengths and weaknesses of our contract. Unresolved grievances
should point out the contract's deficiencies.
• Properly publicized, it can build support for future negotiations.
• It helps organize our workplace. People are more likely to assert
their rights if they see the contract being enforced by others.
• It gains the respect of management. When managers know that we are
determined to enforce our contract, they think twice before
violating it.
• It builds community among our colleagues. Even the best contract
is only a set of promises. By seeing that management fulfills those
promises, we can gain our colleagues’ support on other issues and
build a stronger, more effective union.
The Guild encourages each and every member to report violations of
our collective agreement. You can do it by talking to a member of
your union executive or a Guild staff representative – or you can
file a grievance on your own. Read on to find out how it works...
What is a Grievance?
The first question
we need to ask ourselves when a problem arises at work is: “is this
issue a grievance?”
The textbook definition of a grievance is a violation of the terms,
interpretation or application of the contract. But, as we all know,
textbooks are not the final word on anything. So let's develop this
definition a bit further.
A grievance usually arises out of a violation of an employee's
rights on the job, a right that is usually, but not always defined
by the contract. In seeing a grievance in this way, we can
understand better that the best place to look for a way to defend
our rights is in the language of the contract.
So for all practical purposes, we must go back to the contract first
when we have a complaint or a problem. The contract provides us with
the strongest ammunition in resolving the issues.
That is why it is so critical to know your agreement and use it as
creatively as possible to write grievances.
Is the contract the only means to resolve our grievances? Of course
not! But it is probably the strongest leg we have to stand on.
A grievance may exist if the employer violates the law. In almost
every case, contract language or employer practices cannot violate
the law.
Why is it
important to resolve issues early?
In order to resolve
problems effectively one has to understand the grievance process and
their role in making the procedure work. It begins and hopefully
ends with the member and their union representative and their
supervisor/manager. No step two or three. No arbitration.
Few grievances should ever go up the grievance ladder and even fewer
should go to arbitration. When a large number of grievances go up
the grievance ladder, there is a serious problem with the procedure
and its use. And that often signals a poor relationship between the
employer and employees.
How do I begin?
The first step in
our grievance process is to make management aware that your rights
or the contract has been violated. All of our agreements have
provisions for an individual or group to meet with their supervisor
to lodge a complaint. All provide for a union representative to be
present if you so choose.
The goal is to settle issues early. In order to be effective, you
must prepare in advance. That means writing out the facts of the
issue. Here are some pointers:
- stick to the facts
- remember to state the reason and purpose for your action/complaint
- explain the problem as clearly, briefly, and fairly as possible
- clearly state what you expect management to do to resolve the
issue.
You may choose to send this information in a note to management
prior to your meeting or you may simply bring the note along with
you to help guide the conversation. You should also take a pad and
pencil with you to any meeting with management and take notes of
each participant’s statements (including your own).
Resolve grievances at this stage if you can. This saves time and
frustration, and helps build better relationships. Remember, once
the grievance has left your hands you no longer have control over
it. If the employer denies your complaint or grievance they must
respond to you in writing.
If the employer ignores the grievance by not giving an answer as
required by the collective agreement, then the union may advance the
grievance to the next stage, and the next, until the issue is before
an arbitrator.
It is important to note that undermining or violating the agreed
grievance procedure is itself subject to grievance.
Know and observe your contract’s time limits. You must be timely in
the presentation of your grievance. Every collective agreement has
different time limits for processing grievances. Most of our
collective agreements have rigid deadlines that govern the process,
from becoming aware of a violation to filing a written grievance.
Pay attention to the specifics of your contract. Working days and
calendar days are different. The date you became aware of the
violation is different from the date of the incident itself.
Although all of our contracts provide for individual submission of
grievances, most of us wouldn’t know how to begin. Even if you
decide not to have a union representative at the complaint stage we
would recommend that you get assistance to write the grievance.
Why is it
important to write things down?
We live in a talking
culture. We forget to put things down in writing.
That's not what they teach in business school or in law school.
Supervisors and lawyers have been trained to put everything down on
paper.
It allows them to control what is called "the record". If you go
into a meeting where your supervisor takes notes, chances are those
notes will form the record of the meeting. Your memory and their
memory can be faulted. Notes cannot.
That is why it is important to get into the habit of recording all
meeting discussions that concern your employment. Most importantly,
take notes when you are making a complaint or discussing a potential
grievance.
Write down what your supervisor says. Don't worry about spelling.
Just get it down. Date and sign your notes for reference later.
If your supervisor agrees to fix a problem, ask for the agreement in
writing. It is a mistake to leave the meeting without a clear
written record of what has been agreed. Don't leave it to management
to send you their record afterwards: keep your own notes, and if
necessary, insist that the agreement be spelled out there and then.
If the supervisor won’t agree on the words at the meeting then send
them a note confirming the agreement. If the agreement is not lived
up to, send another letter detailing the original commitment.
The very act of writing the proceedings or commitments down conveys
a sense of no-nonsense and professionalism to management. Matters
that are committed to writing are more likely to be resolved.
Tips on
taking notes and writing letters
Of the many useful
tools for resolving problems, none is probably more important than a
well structured e-mail or letter. You'll find that by sending a
letter to support your case, you can and will accomplish many
things. For example, a letter provides a clear and concise way of
getting your point across to management. It also puts them on notice
about your concerns and the need for a management response. Letter
writing also serves as a way to substantiate and support your
position in the event that your matter becomes a legal one.
When dealing with a workplace issue, taking the time to prepare
well-structured, clear and concise correspondence is extremely
important:
• It makes it difficult for managers to renege on agreements
reached.
• It documents the facts for the record and future arbitration.
• It will assist in establishing your credibility.
• It shows that you take the matter seriously.
• It demonstrates your professional approach to seeking a
resolution.
Some Rules to Follow:
• Don’t let time pass. Write the letter as soon as possible after
the incident. If your matter becomes a legal issue, you will need
written documentation of your actions and activity. Follow any
conversations, even unfavorable ones, with a letter confirming your
discussion.
• Write for a third party. One purpose of a formal letter is to
create a paper trail that you can use later on, if necessary, as
evidence of your attempts to get a fair deal. When you write,
remember that someone else—an arbitrator --may read your letter
later.
• Stick to the facts. Remember to state the reason and purpose for
your action/complaint. Explain the problem as clearly, briefly, and
fairly as possible. In the first and last lines of the letter,
clearly state your expectations of management.
• Keep a file or record of all correspondence and save it on your
home computer. Remember to keep track of any conversations,
including the date and name of the person that you spoke to.
• Avoid insults, personal attacks or accusations. Don’t get into
arguments or make threats of grievances. Again, your initial contact
should be one to advise and assist in making a positive change.
How do I write and
file a grievance?
If your complaint
isn't resolved to your satisfaction, write out the facts. This is
for use of the union only. You should supply as much relevant detail
as possible over the facts of the case and what went on in meetings
with management, who was present and what was said on both sides.
Include any pertinent documentation, notes or memos. (It is not
necessary to report every last detail of meetings with management:
the main thing is to record the main arguments made by both sides
and the name of the person(s) advancing the arguments.) Use the fact
sheet, which can be found on your branch page of the website
(www.cmg.ca), as a guide.
The union will make use of these facts as the case proceeds; the
data will be used to prepare a legal brief (facts, issues and
argument) for arbitration.
This summary along with a filled out CMG Grievance Form (also found
on your branch page of the website) should be given to a member of
the location unit executive, who will submit the form to management.
If you don’t feel comfortable writing the grievance one of your
location unit executives or staff in the office will be happy to
assist you.
Grievance writing tips:
The ideal written grievance is short, simple and specific. It should
highlight who is involved, the protest and the request for full
redress. It is not necessary to go into all the details and
arguments in the grievance form. It is in meetings with employer
representatives that you present your details, evidence and
arguments. That is what such meetings are for.
Also include the phrase, "and any other clause in the collective
agreement that may be applicable" after the original protest
statement. This is done so that we can be specific to the problem
yet have the whole contract to protect us, rather than just one
clause.
The request or demand can often be covered by the phrase, "I request
that I be fully compensated and my record made whole." This enables
the union to get full redress for the grievor without having to be
specific and decreases the chance that something may be left out.
SAMPLE GRIEVANCE LANGUAGE
“Grievance explained: I Jonathon Smith grieve that the employer has
acted in violation of the CMG/xxx collective agreement article x,
xx, xx, xx and any other clause in the collective agreement that may
be applicable by unreasonably denying my request for three (3) days
of special leave to be with my four year old son while he underwent
and recovered from surgery.
Resolution sought: In order to resolve this grievance the union
demands
that the Corporation
1) Admit a violation.
2) Make me whole in every respect by granting me three days of
special leave,
3) Adhere to any other remedy an arbitrator may deem appropriate.”
Do you want to talk to a Guild representative? Click on the
"who's who" link at the top of the page for information on how to
contact Guild staff and members of your Branch or location
executive.
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