Stewards Grievance Information Checklists

Transcription

1 Stewards Grievance Information Checklists A resource manual for Locals 175 & 633 Union Stewards Shawn Haggerty President Teresa Magee Secretary-Treasurer Betty Pardy Recorder

2 To our hardworking Stewards One of the most important jobs in a union is that of the Steward. It can be a very difficult and, at times, thankless job. But it can also be a rich and rewarding experience. At time, your role as a Union Steward can present some challenges. But there are many benefits to taking a leadership role within your workplace as well. As a Steward you may occasionally find your job a difficult one, but rest assured the Local Union needs and appreciates all of your hard work defending the rights of your Union Sisters and Brothers. On behalf of Secretary-Treasurer, Teresa Magee and Recorder Betty Pardy, the officers and the Education Committee, we hope you find these checklists to be helpful to you stewards. I would like to thank you for your participation and for your dedication to the Local and the members in your workplace. In solidarity, Shawn Haggerty President - Local 175 UFCW Canada

3 Table of Contents How to use this handbook 2 Online Stewards Lounge 4 Discipline 5 Theft 7 Insubordination 9 Sabotage 11 Carelessness 13 Supervisors doing bargaining unit work 16 Overtime 17 Past Practice 20 Accommodation 21 Job Posting 22 Abitration Checklist 25 Demotion 26 Discrimination 29 Alcohol / Drugs 30 Work Performance 33 Harassment 34 3

4 4 Visit us online and sign up for the Stewards Lounge! Meet and chat with other stewards, discuss workplace issues and get everything that s in this booklet in downloadable PDFs.

5 How to use this handbook As a Steward you will be called upon to investigate a variety of situations and file grievances on behalf of your co-workers. If a grievance is to be successful, you will need to have as much relevant information as possible. Getting all the details as early as possible in the grievance procedure is the best strategy because over time memories fade and documents can be lost. As issues move through the grievance and arbitration process your Union Representative, labour advocate and/or lawyer will need detailed information so they can advocate on behalf of the member who filed the grievance. The checklists contained in this handbook will assist you in your investigation of grievances by making sure you ask all the right questions, which will help ensure that your co-workers rights are upheld. When investigating a potential grievance be sure to make clear notes, use full names and include phone numbers (home and cellular) whenever possible. Do your best to obtain and keep copies of all documents you feel are relevant to the issue and remember not to write on them. The checklists in this handbook cover a variety of situations that are commonly faced by our Stewards. If you are not sure which checklist applies to the situation you are dealing with, use your best judgement and do not be afraid to ask questions. Your Union Rep is just a phone call away. Depending on the circumstances of a particular grievance, other questions may arise which may not necessarily be captured in the checklists. So please remember that these checklists are only a guide and should not be taken as an exhaustive list. When used properly they will help make your job as Steward easier. 5

6 Discipline What happened? When did it happen? Where did it happen? Get names and statements from any witnesses. (Attach a copy) List names of all employees aware of what happened What is the grievor s seniority? If an employee got a discipline letter make sure we get a copy When was the discipline given? (Was a steward present?) Ask the grievor if he/she has any records, letters, evaluations, pay stubs, etc that will help support their case. Ask the employee if they have made any notes (If they have, ask for a copy.) If witnesses won t make out a statement then interview them and write it out for them and read it back. Then ask if the witnesses agree and then have them sign the statement. Sometimes it is helpful to have a diagram or photo of the specific area in question and also measurements. If the Company is claiming that the employee broke a company rule or policy, then get a copy of the company s rules and/or policies. Are the company s rules or policies posted? Has the employee been given a copy of the rules or policies? (When? Who gave it to them?) Has the company consistently applied the rule or policy? (If no, please give specifics) How were the employees notified of these rules or policies? How long has the rule or policy been in existence? It is important that if there are rules and policies that you obtain a copy. 6

7 Provide notes of any meetings with management. We will need to know what the grievor s discipline record is like. Have other employees been given a different level of discipline for the same offence? (If yes, we will need specific details. Maybe it was because of progressive discipline.) Ask the grievor what he/she is expecting out of his grievance. Find out if the grievor made any statements to the company (If yes, find out who they were made to and what was said. Ask if they gave a statement in writing to the company.) 7

8 Theft When was the discipline given? (Was a steward present?) Who is accused? Phone number of the accused. What was the person accused of stealing? When did the theft occur? Where did the theft occur? What is the seniority of the accused? Is the room or area easily accessible to any employee where items were taken? Where is the room located? Is the room or area unlocked? Is the room or area frequented by other employees or limited to only a few employees? Did one have permission to take something? (If yes, who gave permission & when) Did the employee say anything when accused? Were there any unusual occurrences that were noticed by anyone? (Who & What was it?) (Phone numbers) Was there video surveillance used? (How do you know this?) Was anybody asked to be searched? (If yes, by who & why?) Was there any objection made to being searched? Have other employee s been disciplined for theft? Yes or no? (If yes, who received the discipline and what was it?) Were the police involved? (if yes, what is the police officers name and badge number) Were any charges laid by police? Did the company investigate any other employees? (If yes, who?) 8

9 What did the employee say in interview with management? (Please provide notes) Was any employee unwilling to co-operate? (If yes, who?) Was any other employee seen in the area? Did the employee offer any medical or emotional explanation? Did the employee say or do anything when searched? Were statements made and signed and given to the company? (Who made statements? Please include a copy) What was the value of item(s) taken? 9

10 Insubordination When was the discipline given? (Was a steward present?) Was there a clear order given by a management person and was it understood by the employee? Who gave the order? When was the order given? Where was the order given? What was the insubordination? When did it occur? What happened? Were there any witnesses? (If yes, who? Get a signed statement. Have them print their name and include phone numbers.) What was the employees understanding of the order? What was the order that was given? (Ask the person who gave the order what he/she said) Did the employee think the order was a joke? (If yes, does the supervisor joke around and have they joked around in the past? If yes, get examples.) Was this order taken by the employee to be a request and not an order? Has the person giving the orders changed their order quickly? (If yes, did the later order conflict with the earlier order?) Did more than one person in authority give orders? (If yes, did the later order conflict?) Did the employee try to seek any clarification from the person or persons in authority? How many in authority gave the employee orders? (If more than one, did the orders conflict?) Did the employee know that the person giving orders was a person with proper authority to give orders? 10

11 Was the employee given orders by a supervisor who is not their supervisor? Was the person giving orders a lead hand? (Does the lead hand normally give the employee orders?) Is the lead hand a union member? Were the orders given part of the employee s regular job? (If no, explain.) Did the employee feel that the orders given were not safe to perform or made his/her work unsafe? What did the employee feel was unsafe? Has the employee done this job on a regular basis before? Has the employee been properly trained on this job? Have other employees been hurt doing this job? (If yes, who & when) Was there something new or different that the employer wanted done? (If yes, explain.) Did the employee tell the supervisor he/she wanted to refuse because of health & safety reasons? (If yes, who did he/she tell? What was said? What was unsafe?) Has anyone complained to the union s health & safety rep that something was unsafe? (If yes, who, when & what was the complaint?) Has anyone complained to management that something was unsafe? (If yes, who, when and what was said?) Were other employees asked to do the job? (If yes, who, when and for how long?) Did anyone in management give assurances that it was safe? (If yes, who, when and what was said?) Was the employee asked to work outside of his/her normal classification? (If yes, is that why he/she refused?) 11

12 Sabotage When was the discipline given? (Was a steward present?) What does the employee claim happened? When did it happen? Who was involved? Where did it take place? Could the general public be hurt by what happened? Does the company have appropriate trained personnel and procedures in place to maintain the integrity of its products? (If yes, would those employees have been able to detect the problem before it left the company premises?) Did anyone else work on the employee s equipment? Did the company perform a proper investigation to eliminate anybody else from creating the problem? (Ask the company about these details. Who and when was this done? Provide notes) How long has the employee been on the job in question? Was the employee clumsy on the day in question? Does the employee have any medical or personal problems? Was any employee in a position to prevent something from happening? (If yes, who? Explain.) Did anyone see the employee doing something wrong? Did they have a clear view of what happened? (If yes, explain and include phone numbers.) Was the employee supposed to be in the area in question? Was there a loss of production? (Explain.) Did the company do any test to determine if what was done was a deliberate act? (If yes, explain.) Has anything like this happened before? (Explain.) 12

13 How has the company dealt with the same or similar incidents? (Explain who was involved.) If something happened to a specific product or line what percent of business is it to the company? What was the value of the damage that was done? (Ask the company for a breakdown.) Did the employee have an opportunity to tell somebody what happened before somebody else caught it? (Explain.) Was any product contaminated? (Explain.) Was there anything out of the ordinary on the day in question? (If yes, explain.) Have there been any recent problems between the employee and management? 13

14 Carelessness Has anyone been disciplined before for carelessness? (If yes, explain & what was the discipline?) Were there any recent changes in procedures? (If yes, what were they? When did they occur?) Has anyone else had the same or similar problems? (If yes, who? Explain. Were they disciplined? Were others asked?) How long has the employee been on that job? Was the employee instructed on the proper way for the job to be done? Who instructed the employee and when? Are there routine checks that are followed? Were the routines followed? Has regular maintenance been done on the machine? (If no, explain.) Did anybody change or adjust anything? Was there damage done to machine or other equipment? (If yes, approximate cost to repair) Was there a loss of production? (If yes, how much?) Were there any changes to the way things are normally done? (If yes, who asked for change and when? What is the employer saying is the careless action? Who gave the discipline? (What was the discipline?) When was the discipline given? (Was a steward present?) What were the working conditions that day? (E.g. hot, cold, pressure by management to get the job done) Was the machine running right? (If not, was it reported to anyone & who? Why was it not reported?) The job the employee was doing, is it one that he/she frequently performs? (If no, how 14

15 often has he/she done it?) Were there any previous problems with the equipment, machine or any machine failure? (If yes, were they reported to management? To whom? When? What, if anything, was done about it?) Was the work area cluttered or things out of place? (If yes, explain.) Has anything new been added to the job? (If yes, explain and when.) Did other operators of the machine have problems? Has the company overlooked any problems with other employees? (If yes, explain who & why.) Did the employee raise any personal or medical problems? How long does it take to be trained on the job that he/she was doing? Were any employees injured? If any, what was the total amount of damage? Has anyone refused to operate the equipment or machine you were using because it was unsafe? (If so - who, why, when & who, in management was it reported to?) Did anyone make a statement? (If yes, who and when? Get a copy of the statement.) Did the company do an investigation? (Who did it? Who did they talk to & when? Get a copy of the investigation.) Is the work area well lit? (If no, explain.) Has the company tolerated poor work practices in the past? (If yes, explain.) Was anyone else disciplined? Has the employee been disciplined in the past? (If yes, what happened?) Does the employee have any personal or medical problems? Was there a work quota that day? (If yes, explain.) Were the production lines sped up recently by management? (If yes, explain.) 15

16 Who is the employee s supervisor? Where does the supervisor work? Was there any pressure by anyone in management to produce more? (If yes, by whom & explain.) 16

17 Supervisors doing bargaining unit work What is the classified job they were doing? Is there an article of the collective agreement that was violated? (Be sure to list the Article Numbers.) Rate of pay for the job - $ Who normally does the job? Why were they doing this work? (Ask them why.) How long were they doing bargaining unit work? (This is important to know from starting point to end point how long (hours, days) they were working. Also mark down the dates) Were they actually working or only assisting a worker? (What was it they were actually doing? Be specific.) List the names of employees who witnessed the supervisor working. Has the supervisor or have other supervisors done this kind of work before? (If yes, explain the details.) Was an employee away? Off sick? Injured? Late? Mark down all of the reasons you are given. Would there have been overtime had the supervisor not been doing the work? (If yes, how much?) Was anybody on lay off? Who would have been called in to do the work? 17

18 Overtime When was the overtime available and what hours? Who keeps the overtime list? (Provide a copy of the list.) Was the overtime list updated? Was the overtime list current? Why was there overtime? (Did somebody not report for work? Who? Did somebody go home? Who? Was extra production required? Was there a break down and they needed people to stay to get production out?) How is the overtime distributed? Explain any current practices. (Write them out if there are no written, posted practices. How long have these practices been in place?) Are there different practices in different departments? Has the company offered to settle? What was the offer? When was the offer made? Who was the offer made to? Who worked the overtime? Why did the company ask that person to work overtime? (Ask the supervisor and mark down what he/she says.) Did the supervisor call anybody at home? (Who? When?) If the supervisor called employees at home and said there was no answer ask the following; how many times did you let it ring? Was anyone witness to these calls? (Who?) What time did the supervisor call? Did the supervisor make a record of the call? Did the supervisor get an answering machine? (If yes, did he/she leave a message? What was the message?) Who normally performs the job that was done on overtime? 18

19 Were there other employees who could have put in a grievance but did not want to, or would not have worked overtime that day in question? What is the classification of the job and rate in question? The employee who worked overtime, what was their classification job and rate? Which supervisor asked the employee(s) to work overtime? Ask the employee who worked overtime why they were asked to work overtime? Find out what all the employees did when working overtime. (Did they do one job, or more than one job? If more than one job, how much time on each job?) Was any part of what they did part of their own job? Who witnessed the wrong employee working overtime? (Get a signed statement indicating what all they saw employees doing?) List all the names of the employees who were working in the area and viewed employees working overtime. What hours did the employee(s) work overtime? Was the grievor aware that somebody was going to be working his/her overtime? (If yes, did he/she ask the supervisor if you could work overtime? If no, why not?) Is there any written procedures or practice that the employer follows for overtime? (List what they are or get a copy.) Are there any previous arbitration awards on overtime? Are there more than one employee claiming rights to this overtime. (List them. Ask each one for a signed statement indicating why they believe the overtime is theirs. Please list their phone number.) Have there been other times the company has asked the wrong employee to work overtime? What has happened in those situations? Has the company offered to settle by giving another opportunity? Has the company awarded money to settle? Were any settlements on a without prejudice basis? 19

20 Did the employee who was overlooked for overtime have a long history of refusing overtime? What percentage of time does one work overtime? What is the grievor claiming? How many hours? (Have the grievor write down which hours he is claiming.) Remember, when getting statements signed ask the employees to print their names also, and include a phone number in case we need to call them. Ask the employees for an alternate phone number or cell number if they are not accessible at their home number very often. Get a copy of the Overtime List (If you cannot get a copy, write it out). 20

21 Past Practice If the union wants to rely on a Past Practice argument we will need to know the following information: Complete set of facts about what happened. Statements filled out and signed by member who filled them out, also have them print their name and phone number. How long has the past practice been in place? We would need supporting evidence to prove the practice in fact was as long as we say it was. Names, phone numbers, and seniority from the union members who are aware of the past practice. Did anyone from the Company ever tell you that they were putting you on notice and changing the past practice? When? When was the first time the Company made a change to the past practice? (Need to know the date, time, shift, etc.) When was the Union made aware of the change in past practice? Was the Union given notice? How? Who from the Union did the Company notify? Is the practice the same in every department or only certain departments? Explain how it is done in each department. 21

22 Accommodation If the union feels like the company is not doing everything in their power to accommodate an injured worker with modified work, the union will need the following information. Does the worker have a disability as defined by the Human Rights Code? What is the nature of the disability? Is there medical information? Does the medical information support the claim of a disability? What are the worker s restrictions? Have the disability and restrictions been communicated to the employer? What was the employer s response? Is there a written policy re: accommodation? Has the employer accommodated workers in the past? Explain What reasons has the employer given for not accommodating? Has the employer looked at modified duties or rebundling of jobs? Has the employer engaged the union and worker in looking at an accommodation? What positions and/or duties is the union requesting the grievor be accommodated in? Is it a vacant position or is someone currently working in the position? 22

23 Job Posting Job Posted Rate of pay Grievor s name Current Job Current rate of pay Grievor s Seniority Phone # ( ) Cell # ( ) Other phone contact Shifts Grievor works (circle one) Days Afternoons Nights Best time to be reached Has the grievor worked on the posted job before? Yes No (If yes, when?) Has the incumbent worked on the posted job before? Yes No (If yes, when?) How many employees have applied for this job posting? (List the names.) When was the job posted? How did the job become open? (circle one) Retirement Quit Promotion New job Other Name of employee who held the job before being posted Was the employee evaluated by the company? Yes No Were there any tests required by the applicants? Yes No (If yes, provide copies) Has the grievor had any discipline for poor work performance or Health and Safety violations? Yes No Has the grievor been taken off any jobs because they could not keep up or were making too many mistakes? Yes No What other jobs has the grievor had with the company? Of the jobs that the grievor has held with the company, were any of them similar to the posted job? Please list them. 23

24 Has the grievor any physical restrictions that prevent them from doing the job? Who is the incumbent What is their seniority date Address Phone # ( ) What other jobs has the incumbent had with the company? List any jobs the incumbent had with the company which were similar to the posted job. List any of the grievor s recent promotions within the company (include job & time frame) List any of the incumbent s recent promotions within the company (include job & time frame) Grievor s education level (circle one): Grade 9 Grade 10 Grade 11 Grade 12 College University Has anyone in management praised the grievor recently on their work performance? Yes No (If yes, who?) Were there any witnesses who heard management praise their work? Include names and phone numbers Did the company change the way this job was posted compared to a previous posting for the same job? Yes No (If yes, How) Has the grievor been turned down from another job posting? Yes No 24

25 If yes why? Are the qualifications the company is asking for reasonable in relation to the work performed in this job posting? Yes No (If no, explain why.) Was there an interview done? Yes No\ (If yes, by whom?) Was everyone who applied for this job interviewed? Yes No How long was the interview? Did anyone take notes at the interview? Yes No (If yes, who? Provide Copies ) Did the company take employee attendance records into consideration for the job? Yes No Not Sure On what date did the incumbent start the job? Are there any personal or medical problems relevant? Yes No (If yes, list.) 25

26 Abitration Checklist Things needed to be prepared for arbitration: Copy of job posting Copy of notice posted detailing who the successful applicant was Seniority list Grievance Copy of Evaluation Reports (if applicable) Copy of any tests ( if applicable) Copy of any preferred questions the Company prepared ( if applicable) Copy of any job descriptions Copy of any educational certificates or other certificates Copy of any interview notes Copy of any attendance records (if applicable) Copy of any previous job postings for the same job (to compare the language) Copy of your notes made while interviewing the grievor or any other witnesses, incumbent etc. Copy of any discipline records for attendance (if applicable) 26

27 Demotion Is the demotion disciplinary or non-disciplinary? (Ask the Company and make notes about what they say. Attach notes) Did anyone train the employee? (If yes, who and when?) How long was the employee in the position before being demoted? For how long was he/she trained? Was there more than one person who trained him/her? (If yes, who did and did they train them any differently) (If he/she was trained differently, please outline what the differences) Was the grievor given instructions by anyone else, that were different than when he/she was originally trained (If yes, from whom and what was said?) Did anyone talk to the grievor about his/her work performance or level of production when on the job? (Who and what did they say? Attach notes) Did anyone in management offer the grievor suggestions on how to improve? Did anyone from management tell the grievor that he/she was doing a good job? (Who, when & what did they say?) Did anyone in management tell the grievor to work faster or better? (If yes, who, when & what said?) Did anyone in management tell the grievor that if he/she did not work faster or better that they would be taken off the job? (If yes who, when & what was said) Was the grievor given a warning letter? (If yes, get a copy.) How did the company monitor his/her work? Did the grievor ask for additional assistance or training? (If yes, who did you ask, when & what was said?) Was the grievor provided with additional training? (If yes, when was the training provided? What was the training? Who provided the training?) Were the company standards, production levels or line speeds reasonable? (Get as much information as possible to give to your union representative.) Are other employees able to meet the standards, and production line speeds without a problem? (Please list a couple of names and phone numbers in case we need to talk to 27

28 them.) Were there any instructions or directions given to the grievor that he/she did not understand or that were not clear? (If yes, please explain.) Has the grievor had to take time off work and missed out on adequate training? Was he/ she injured, on stress or parental leave, or for other reasons? (Please explain.) Has the company made recent changes to equipment that have created problems in getting out proper production? Have maintenance employees had to fix the grievor s equipment on a regular basis because of problems. (If yes, talk to maintenance and see if you can get a copy of work orders and a signed statement.) What are the production levels, standards or quotas that the company wants met? (If there are any copies, please get a copy.) Are there any physical limitations or restrictions that prevent the employee from meeting the levels of production the company wants? Were the production levels, standards or quotas recently changed? (When & why?) Did the company accept the grievor s level of job performance and production levels for a period of time? (If yes, how long?) Did the grievor get this job through a job posting or transfer? (If via a job posting, get a copy of the posting.) Were there problems in your work area, like congestion that caused problems? (If yes, explain.) Were there any workplace conditions creating problems or fatigue? (Examples are: extreme heat or cold, fumes, supervisor constantly watching the employee or timing him/ her.) Were there any personal or medical problems which affected one s level of production? (Recent divorce, child custody proceedings, recent death of a loved one, alcohol, drug dependency, etc.) (Some employees do not want to talk about these things but if one can show that there was only a temporary period which affected their level of production and is no longer a problem or that one needs help, then we should be aware of this.) Are there any co-workers who affected his/her level of production? (Working with new or untrained employees, being called away to help other workers?) If the grievor was removed from the job because of demotion, what job were they put on? 28

29 If the demotion becomes a grievance, ask the grievor what he/she wants from the grievance. What was the rate of pay of the job the grievor was at? What is the rate of pay for the job the grievor was demoted to? 29

30 Discrimination When was the first time the grievor felt discriminated? How does the grievor feel they were discriminated? Who was discriminating against the grievor? (What was said? When was it said? Where was it said?) Did the grievor make any records or statements? (If yes, get a copy) (If no, write out a statement, sign it, and include his/her name and phone number.) Did the grievor tell the person to stop discriminating against them? (If yes who, when and what was said?) Were there any witnesses that heard any conversations or saw anything? (If yes, get witnesses to make a statement, sign it, print their name and include phone number.) How many employees are from the same ethnic background at work? Have any other employees been discriminated against by the same supervisor or another supervisor? (If yes, who, when and get statements of what was said, sign them, print name, and include phone number) Did anyone speak to management for this employee? (If yes, who, when and what was said?) Is the grievor aware of any other complaints against this supervisor? Has this supervisor been spoken to by the employer before? (If yes, by whom, when, what was said?) (How do we know this? Get statements from anybody involved?) 30

31 Alcohol / Drugs Has the grievor had history of alcohol or drug abuse? Was the grievor impaired at the time? What happened? Where did it happen? Who did it happen to? What has been the history of drinking or taking drugs? How much alcohol or drugs were consumed or used? Did the grievor demonstrate any remorse? Has the grievor been disciplined before for the same offence? (If yes, when and what was the discipline?) What is the grievor s job classification? What time and on which shift did this happen? Were the drinking or drugs done while off duty? Has the grievor had to attend, in the past, any rehabilitation and or counselling sessions? (If so, explain.) Has the grievor been missing time from work because of alcohol or drugs? (Any discipline for this?) Has the employee tried to seek help from an employee assistance program? (If yes, explain.) Has the company offered the employee help and directed them to an employee assistance program? (If yes, who offered it; when and how many times?) Have other employees been disciplined for the same or similar offences? (If yes, who and what was their discipline?) Is the employee now attending rehabilitation or counselling sessions? Does the employee s work require them to be unsupervised? 31

32 How often does the grievor drink or take drugs? What alcohol or drugs does the grievor normally take? Were management employees aware of the drinking or drug problem? (Who and how did they know?) Did the grievor have trouble doing his/her job on the day in question? Has management ever complained about the employee with respect to their job performance; the quality or quantity of work? (If yes, when and what was said?) Has the employee been arrested before for drinking or drugs? (Was this published in the paper?) Has the employee ever been removed from another job because of his drinking or drug problems. (If yes, explain.) List all the concerns the company has indicated about the employees drinking or using drugs. At any time did the employee apologize to the company? (To whom; when and what was said?) Have any other employees raised concerns to the company about working with the employee? (If yes, who? What was said?) What is the employee s job? Was the employee performing a job where the company expected a higher standard than other employees? (If yes, explain.) Does the company have a policy on alcohol or drugs? (If yes, get a copy.) Has the policy been brought to the employee s attention? (When? By whom?) Indicate the seniority of the employee. Indicate the age of the employee. Was the employee a good worker? (If yes, who in management would have made reference to the employee being a good worker?) Has the employee ever confided in anyone in management about their drinking or drug problems? (If yes, to whom, when & what was said?) 32

33 Was the employee caught with alcohol or drugs at work or just smelled of alcohol on his/ her breath? What is the employee s job? Is the company in a highly competitive industry? Has any employee ever been hurt in the workplace because of another employee under the influence? (If yes explain.) Has the employee ever been incarcerated for alcohol or drug related charges? Does the employee have any personal or medical problems? Is the employee addicted to drinking or drugs? Did the company ask the employee to do any tests to see if they could establish that he/ she was under the influence? (If yes, what were they asked to do?) When the employee was confronted, what did he/she say? 33

34 Work Performance Who was disciplined? What happened? When and where did it happen? What is the employee s job classification? Were there production standards? Get a copy of any production standards. Were the standards reasonable? (If no, explain.) Was the employee made aware of the standards? (If yes, when & by whom? Were the standards recently changed? (If yes, when & what were the other standards? When & how was the change communicated?) Were there any physical restrictions that prevented meeting the standards? (If yes, explain. What were the restrictions & for how long?) Was the employee warned that failure to meet a certain standard would result in discipline or being removed from this job? (Explain.) Was the employee experiencing any personal or emotional problems? (If yes, what were they?) When was the employee trained? By whom and how long was the employee trained? Was anyone else responsible for not meeting the standards? (If yes, who & how) Have other employees failed to meet the production standards? (If yes, who & were they disciplined?) Was the employee unfamiliar with the job? (If yes, explain.) Was the job the employee was on their normal job? (If no, explain.) How long has the employee been on the current job? Were there orders given that were misunderstood (If yes, by whom & explain.) 34

35 Harassment If something was being said, what was said? By whom? To whom? When? Was anyone disseminating information? (Who got copies of any information that was being handed out?) Any phone calls to the grievor s house that he/she felt was threatening or intimidating? (If yes, when? What was said? Who said it? Does the company have a no harassment policy? (Is a copy posted? Has the company followed the policy? Get a copy of policy.) How long has the harassment been going on? What are the employee s work & discipline records? (Ask for copies.) Did a union steward or anyone else talk to the company and advise them of the harassing problems? (Make notes of what was said and when.) Did the grievor warn the person that was harassing them by telling them that he/she feels they are being harassed and do not want this kind of behaviour to continue? (Make notes of date, time and what was said.) Did anyone in management investigate the grievor s complaint? (Who & what did they find?) Did management ask any employees to fill out or sign a statement? (Who?) Have there been other cases of harassment in the past? (If yes, who was involved & how were they handled?) Did anyone apologize? (Who, when and what was said?) Was the grievor embarrassed or humiliated in front of other workers? (Who was there? What was said? Get signed statements.) Did anything happen outside of the workplace? (Examples - Did someone follow him/her home? Try to harass him/her at the shopping mall?) (Record the date, times and locations.) Did someone recently get disciplined? (What was the discipline for?) (Is it being grieved? Grievance number?) Have other employees been disciplined for similar situations, spoken to or cautioned about harassment? (Who, when, what reason?) 35

36 Does the grievor feel a supervisor or member of management is picking on them and is out to embarrass or annoy him/her? (If yes, who & explain what they have said or done.) (Why does the grievor feel that way?) Prepare a statement of what was said to the grievor by the person harassing them? (Sign statement, print their name and include a phone number.) Did the top management know about this? (If yes, how does the grievor know this? List who in management knew - What was going on, when did they know this was going on?) 36

37 NOTES

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40 United Food & Commercial Workers Canada Locals 175 & 633 Head Office (Regions 2 & 4) 2200 Argentia Road Mississauga, ON L5N 2K7 Phone: Toll Free: Fax: General Inquiries: membership@ufcw175.com Training & Education Centre: tcadmin@ufcw175.com Thunder Bay Office (Region 1) Fort William Road Thunder Bay, ON P7B 3A6 Tel: Toll Free: Fax: tbay@ufcw175.com Ottawa Office (Region 3) 20 Hamilton Avenue North Ottawa, ON K1Y 1B6 Tel: Toll Free: Fax: ottawa@ufcw175.com Cambridge Office (Regions 5 & 7/Training & Education) 6628 Ellis Road Cambridge, ON N3C 2V4 Tel: Toll Free: Fax: cambridge@ufcw175.com Hamilton Office (Region 6) 412 Rennie Street Hamilton, ON L8H 3P5 Tel: Toll Free: Fax: hamilton@ufcw175.com