grievance process

mefreda1 · Joined: 06 Feb 2006 Posts: 3

What is the process once a grievance is filed? Is ther a time loimit on company response? Should I hire an attorney?

OPEIU30Steward · Posted: Mon Feb 06, 2006 11:03 pm Post subject:

Hi,

I replied to this question in your previous post in the Information on Unions forum. I hope that is helpful.

Thanks

mefreda1 · Joined: 06 Feb 2006 Posts: 3

Thanks for your quick response. This is a great website. So am I to understand that, depending on the circumstances, the company may wish to come to terms before arbitration? Does that process take place directly between me and the company, or should my union be negotiating for me? Is there a process by which I can request certain information from the company records that would have a bearing on my grievance? Or is that something I would need an attorney for? I'd like to do as much as I can on my own. Thanks again.

OPEIU30Steward · Posted: Wed Feb 08, 2006 2:41 am Post subject:

Thank you for your appreciative remarks, I'm happy that you are finding this site helpful.

Please know that my responses reflect my ignorance as to the details of your particular grievance and contract.

Your understanding regarding your company 'coming to terms' is correct; we would hope that, should your employer come to understand it may not have acted in accordance with the contract, your employer will provide you with your requested remedy (or one which you agree is adequate for the error). You would only exercise your option to proceed up the grievance 'ladder' if/when your employer does not provide you with an acceptable response. The way I look at it, the response needs to be acceptable to you, not just your union representative. Your representative will do his/her best to represent you and help you present your case during the meetings (you should be present at them all). I would urge you to consider your issue and what is a 'reasonable' settlement.

Regarding receiving information from the employer, I am not aware of what they MUST provide you with but I would certainly see no problem with asking your representative to get it for you (or asking for it yourself if you're comfortable with doing it). It is good that you want to do as much of the work in your grievance as possible. I recommend reviewing the areas in your contract which address (or could be preceived to address) the issue you are grieving, writing them down, discussing them with your rep., and discussing your 'game plan'.

Tip: Please remember the phrase, "you'll get more bees with honey than with vinegar". Don't be afraid to be firm when necessary but remain professional in your interactions with them. It could work to your advantage if you help them to [i:69fd3778d3][b:69fd3778d3]want[/b:69fd3778d3][/i:69fd3778d3] to help you.

[quote:69fd3778d3="mefreda1"]Thanks for your quick response. This is a great website. So am I to understand that, depending on the circumstances, the company may wish to come to terms before arbitration? Does that process take place directly between me and the company, or should my union be negotiating for me? Is there a process by which I can request certain information from the company records that would have a bearing on my grievance? Or is that something I would need an attorney for? I'd like to do as much as I can on my own. Thanks again.[/quote:69fd3778d3]

wondermite · Joined: 25 Feb 2006 Posts: 27

your union/company agreement would tell you the length of time the company has to answer on each step of the griev. the union would supply you with an attorney. and also have a union steward as a witness rather than anything if you like to do your own talking in meetings with management. it is kind of like a person in court without a lawyer at least have one present.

BattleOutWest · Joined: 03 Feb 2006 Posts: 31

What I think is weird about the grievance process, where I work, is that we have at least three steps with different levels of workplace management. And I don't think I've really ever seen a clean, "Oh, the union is right on this one."

We could probably one of the steps and go directly to the last step with workplace managment.

It would probably also be nice if the hearing body wasn't just workplace managment alone. Maybe a body made up labor and management (like a Supreme Court).

OPEIU30Steward · Posted: Sat Mar 18, 2006 4:58 pm Post subject:

Hi Battleoutwest,

I completely understand your perspective on this and agree with you. It is quite frustrating to lose three grievance meetings in a row, as you appeal each level, all because management is not listening to reason.

Taking more grievance through arbitration (where a mutually agreed upon third party) offers a decision would motivate management to be more reasonable may help in earlier resolution.

Your suggestion of having a 50/50 grievance hearing sounds good too-just get management to agree to that process when you negotiate your next contract.