Why employees filed grievances

When the grievance is filed in this manner, it comes from the large, impersonal union and the employer cannot put pressure on either you or your member.

Every contract contains a section called the grievance procedure. Study it. Grievances can be lost by not following the correct procedure and by not observing time limits. A typical grievance procedure might have three or four steps. These steps will tell you which level of management is to be approached at each step, the time you have to submit the grievance and appeal to the next stage where necessary.

Those closest to the dispute, both on behalf of the union and of management, should first try to reach a settlement. If they are unsuccessful, then representatives with more authority from both sides are brought in as the grievance progresses through the steps, ending in arbitration. There are advantages to settling the grievance at the lowest step possible.

For the steward, settling a grievance at the first stage will add to your reputation and authority with the members and your supervisor. The higher up you go in the grievance procedure, the harder it will be to settle the grievance because each side will have more to lose. Management does not like to have to overrule their personnel and will stand behind them. This could lead to a time-consuming and expensive fight in arbitration. Each step of the grievance procedure will likely have a time limit.

Management has a stated period of time within which it must give a reply to the union; the union has a stated period of time within which it must announce any intention to appeal the grievance. If management fails to comply with the time limits, move the grievance to the next step. Sometimes, however, you will find that either the union or management may raise a point during a grievance hearing that requires further investigation and may make it difficult to reply or proceed to the next stage within the time limits.

In this case, either party may request an extension or waiver of the time limits, subject to the other party's agreement — always in writing. In some contracts the first stage of the grievance procedure is a verbal presentation involving the steward, the grievor and the supervisor. The grievance is only presented in writing if settlement is not reached at the verbal stage, or if either party considers it necessary. When proceeding to the second stage, the written grievance must be submitted within the time limitations set out in your agreement for the first stage.

Even if settlement is reached verbally, however, it is still important for the steward to keep a record of the grievance for union files — it might prove useful should the same or similar situation arise once more.

This is handy information for the committee in negotiations. In some contracts, the first stage of the grievance procedure might require formal presentation of a written grievance when you, the grievor, and the supervisor meet.

Employees usually don't have the requisite experience. Lastly, management may scare the grievor into dropping it by bringing up some other irrelevant matter. A good working relationship between steward and supervisor makes both your jobs easier. In union-management relationships, the supervisor backed by management and the steward backed by the union are equals — sharing responsibility for successful labour relations.

The two of you will have to discuss and settle many knotty problems. A friendly but business-like relationship right from the start will help a lot. But of course, your first aim in any grievance session is to win justice for your fellow workers whose rights have been violated.

Arbitration is the final appeal and is a hearing before an impartial third party chosen by the mutual consent of union and management. If the union and management cannot agree, there is provision for the provincial, territorial or federal Minister of Labour to make the appointment. Some contracts provide for a single arbitrator, usually named in the collective agreement. The single arbitrator hears the case and then writes the decision which is binding on both sides.

Other contracts provide for an Arbitration Board made up of one nominee from the union and one nominee from management. Following consultation, the union and management nominees choose a mutually acceptable chairperson or, failing that, an arbitrator appointed by the Minister of Labour. In this instance, it is the three-person board which will hear the case, with the chairperson retiring to write the decision.

The decision of the chairperson is submitted to the board members who will sign in agreement or submit a written dissension. The majority decision of the board is binding on both parties. The arbitrator or board only has authority to interpret the agreement as written. They are not allowed to amend, alter, add to, or take away any provisions contained within the agreement. The arbitrator or board is also restricted to dealing with the grievance as presented.

For this reason, many unions require the previously mentioned general statements of the grievance on the grievance forms so they are not restricted to a single clause or section of the agreement at a later date causing them to restrict the scope of their case. Contract clauses can always be interpreted in different ways, and the guidelines below might explain some of those differences.

There will always be exceptions, but you should find that most of these will help you decide whether you have a grievance or not. A common management position: If something is not specifically limited in the collective agreement, management has the residual power to do it. Others take the view that limits on management rights are not necessarily restricted to those contained in specific provisions. Arbitrators have also been known to modify residual rights by imposing a standard of reasonableness as an implied term of the agreement.

Certainly, many arbitrators are reluctant to uphold arbitrary, capricious or bad faith managerial actions which adversely affect bargaining unit employees. Three possible outcomes may occur at this stage of the process: The supervisor and the union representative may determine that no valid grievance exists.

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OK Join. An error has occurred. From Email. Find Jobs. Post a Job. Post a Job Are you a job seeker? Find jobs. What is a grievance? Examples of employee grievances Some of the most common types of grievance procedures include: Individual grievances: When a single employee is experiencing a problem in the workplace.

This could include issues involving pay and benefits, excessive workload, workplace favoritism, bullying or discrimination , lack of a transparent promotion process, etc. Group grievances: When a group of employees with similar complaints and experiences within the workplace file a group grievance.

This typically happens when one team or department has been affected by a workplace issue in the same way. Examples include grievances related to the gender pay gap, employee schedules, organizational changes , etc. Union grievances: Unions file a grievance when they believe rights are not being protected. Example of policy grievances that affect all workers could include undesirable working conditions, issues involving workplace health and safety, etc. Your company should be prepared to handle any of these types of grievances.

Other benefits of having an employee grievance procedure in place include: Prevents minor complaints or disagreements from spiraling into something more serious. Encourages you to develop company policies and employment contracts that are highly specific and have clear expectations. Helps foster a company culture of transparency, openness and trust. Makes employees feel heard and valued. Helps prevent and address bias, discrimination and harassment in the workplace. Gives employees a tool to resolve their problems, instead of quitting or being less productive.

Serves as a cost-effective way to resolve problems and disputes before they result in litigation. Informal meeting with supervisor Before filing a grievance, encourage employees to talk with their manager first. Formal grievance in writing Consider creating a grievance form for employees to fill out. Evaluate the grievance At this stage, you may choose to loop in your human resources department.

Conduct a formal investigation To conduct a formal investigation, you may need to interview the employee who filed the grievance as well as anyone else who was involved. Resolution Finally, the investigator, HR, supervisor and anyone else who was involved in the investigation writes a formal conclusion based on their findings. Grievance procedure best practices for managers Here are some helpful approaches for you, managers and supervisors to take regarding grievances from employees: Provide all employees with an employee handbook When you hire an employee, give them a copy of the employee handbook to review before officially starting in their position.

Conduct consistent meetings with employees throughout the year The most important thing you can do to prevent employees from filing grievances is building a positive and professional relationship with each of them. Hold all employees to the same standards Standardizing your expectations for employees makes disciplinary procedures more simple and fair for everyone.