Grievance Handling MEMBER MANUAL UFCW TRAINING CENTRE

Transcription

1 Grievance Handling MEMBER MANUAL UFCW TRAINING CENTRE

2 Dear Shop Steward, Congratulations and thank you for becoming a UFCW Local 832 Shop Steward. The position you have accepted is a critical one to our union as Shop Stewards are the eyes and ears of UFCW in your workplace, helping us to ensure that the hard fought rights and privileges won at the bargaining table are protected for all of our members. Shop Stewards are also the people that many of our members see as the face of their union and go to whenever they have a question about their rights or a concern about an issue in their workplace. I commend you for the initiative you have shown by taking on this important role in order to assist your co-workers and make your union stronger through your activism, and assure you that we will provide all the training needed to enable you to perform the duties of a Shop Steward effectively. On behalf of our executive board, our members and staff, thank you again and I look forward to working with you in the future. In solidarity, Jeff Traeger President, UFCW Local Page

3 Member Tips Hours - Class goes until 4 pm each day - If you leave early, your pay will reflect that - We may go past 4 pm if necessary - 2 fifteen minute breaks - 1 half hour lunch - Attendance Sheet - Please sign in each day Wage Forms USB Cell Phones - must be filled out and handed before the first class begins! - if wage forms are late you may miss this pay cycle - if you ve brought a USB give it to the facilitator - if you d like to receive the course on USB let the facilitator know - no cell phones during class - please put cell phones on mute - please check messages during breaks - if you must check your phone during class please tell the facilitator ahead of time and keep it on vibrate Class Survey - please hand in the survey when the course is complete Lunch Room And Finally! - please clean up after yourself - Have fun - Ask questions 2 Page

4 - Speak with the Director if you have any suggestions on how we can improve 3 Page

5 Why Yes I Have! This exercise is an opportunity for the class to get to know each other. The question can be about anything (please be respectful) and should begin with Have you ever? 4 Page

6 What is a Grievance? This video is from our sisters and brothers in Ontario. 5 Page

7 Shop Steward Successes Tell me about a time you were able to resolve a problem Have you ever needed your union s help at work? Do you have an example of something you did as a Steward that you re proud of? Bragging allowed! 6 Page

8 What s in Your CBA? Stewards need to know their CBA, especially the grievance procedure. Is there a grievance procedure? How many steps is it? Explain the steps. What are the timelines associated with each step? 7 Page

9 Who Does What? Grievances are filed when management has done something against the collective bargaining agreement. It is necessary to file a grievance to make sure management understands they must follow the contract. Sometimes you can resolve an issue before starting the formal grievance procedure. This is ideal because it can take a long time to settle a grievance. Always try to settle the matter with management first before filing a grievance. Who is responsible for hiring? Who is responsible for training? Who should follow up with new members to make sure they know what they re doing? Who should delegate duties? Who should warn members that their work is not meeting expectations? Who give are verbal warning? Who will give a written discipline? Who can suspend a member? Who can fire a member? 8 Page

10 Where Does the Investigation Start? An investigation may start casually. When does an informal investigation begin? What should you do? When does a formal investigation begin? 9 Page

11 What Works for You? There are different ways to interview people. You may be more comfortable with some than others. 1. Your colleague mentions something at break that could be in violation of the CBA. 2. You are called into the Manager s office because a member has been late 3 days in a row for their shift. 10 Page

12 Grievance Form Here is an example of a grievance form. Your Rep can provide something if you need it. UFCW LOCAL 832 GRIEVANCE INVESTIGATION INTERVIEW SHEET Date/Time: Unit / Workplace: Name of steward: Interviewee (Name/Job Title): Phone# / Address: Summarize responses to the following questions: 1. What happened? 2. Who is all involved? Witnesses? 3. When did this happen? How long? Is there a past history here? 4. Where did it happen? 5. Why might the issue be a problem? Collective agreement? Law? Company policy? 6. What is the member asking for? NOTE: Review the above information with the interviewee to confirm your understanding. Tell them what happens next. GRIEVANCE INVESTIGATION INTERVIEW STEWARD FOLLOW-UP NOTES 11 Page

13 After the interview, take a few moments in private to think about where your investigation goes from here. Who else do I need to speak with? Do I need to ask my rep anything? What other info do I need? Are there contradictions in my info? Interview Tips 1. Introduce yourself, your role, state the purpose of the investigation interview 2. Stress confidentiality reassure them it s okay for them to speak with you 3. Get the person talking ( Tell me in your own words what happened ) 4. Write down or summarize everything 5. Suspend your judgment keep an open mind 6. Answer the 6 W s press for details 7. Probe for facts, not opinions. Reconcile conflicting information 8. Paraphrase and review information ( You told me that ) 9. Reflect feelings ( You seem really angry ) 10. Tell them what happens next Not sure what to do? Call your Rep! 12 Page

14 Awareness Test This video will highlight how difficult it can be to pay attention to all the facts even when you re trying to concentrate! 13 Page

15 Seniority This exercise helps members recognise seniority, one of the most important elements of any CBA. 14 Page

16 How Things Escalate This exercise helps members recognise how something can get blown out of proportion. Members may have a right to feel emotional about a situation but it s important for Stewards to recognise the facts for any grievance investigation. In the following scenarios imagine a reasonable, non-emotional response. Next imagine a response that might be a bit more intense. Then imagine a very emotional response, perhaps even paranoid. A. 1 Everyone stopped talking when I came into the lunchroom. B. 1 My performance is being questioned C. 1 Co-worker doesn t like the decision I made D. 1 The patient was extremely rude 15 Page

17 Who Done It? Members need to become keen observers to do a proper investigation Page

18 Gather all the Facts This exercise will help members practice taking good notes for an investigation. IMPORTANT MESSAGE TO SHARE WITH MEMBERS! Your perception can be influenced by things around you. If you don t like someone, it might be more difficult to listen to them. Remember you defend the CBA! 17 Page

19 Avoid Trigger Words It is always better to solve a dispute before having to file a grievance. A grievance can take a long time to resolve. If you develop a respectful relationship with management you may be able to help members more quickly. Member: so after we completed the regular duties we left. And yes, we didn t get to everything on the list as we thought we still had the next night to work on things. Manager: What did you mean, didn t get to everything? Member: Listen, it s not easy for me to tell you that it s not done. Manager: Then tell me something that makes sense; like why it s not done. Member: Oh forget it. You see it your way and you re not interested in what really happened. Hope you re happy. Manager: You should have just taken my suggestion. I was very clear in what was supposed to be completed. Member: Yeah, but it wasn t clear after you flew through the instructions. 18 Page

20 Manager: It was all written down. It was so simple just do what was on the list. Member: OK, since you re always right, why don t you show me this assignment sheet? I don t have a photographic memory like you. Manager: I did give it to you. Did you lose it? Again? Member: No, you walked off with it after you breezed through it. Bill and I were wondering why you did that, but figured you trusted us. Manager: Well you should be able to get five simple things accomplished in one night. Member: Wasn t the inventory the most important thing and it did get accomplished. Manager: Not to the exclusion of everything else on the list. Member: You never make yourself as clear as you think. I m not the only one who doesn t get you. 19 Page

21 Asking the Right Questions Getting the right answers you need for an investigation means asking the right questions. Members should be using the 6Ws (who, what, where, when, why and want) A health care worker in a personal care home appears to be frequently delegated to constant care. She came up to you with a concern about her duties and the stress she's experiencing. 20 Page

22 Finding the Facts It can be hard to tell the fact from what someone thinks happened. Part Time Employee "It was busy when I was walking past the doors and heard some yelling. Then I saw a lady quickly walk out, staring at the exit. But as I was approaching the doors I figured something weird was going on because the guys in that department keep doing practical jokes like getting buckets of steam and shelf stretchers. Even after l saw the lady run out I kept going I didn't want what happened to her to happen to me." Full Time Employee "It s really tough when you hire people who have a natural dislike for each other and won't let it go. These guys got into an argument in the back room about some stupid film and it looked like they were getting serious when I told them to stop it. What really sucked was that a customer had just come into the back room for something as I was getting things under control." Manager "All I know is that this customer was very embarrassed after walking in on three guys screaming at each other and was especially upset after asking a question and being told to shut up. Lucky I found out about it - she was just leaving when I heard her say to the cashier that she 'found more than what she was looking for'. Someone is going to get it and it s not going to be me." 21 Page

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24 Making Your Point It is always better to get straight to the point when dealing with management. The more you mumble and get off message, the less seriously they ll take you. "Well, you know, we sort of interviewed the employees that saw the incident, I mean, and they, kind of like told us, that it was not what they expected, and that one of the things they like changed was the way it was handled, you know?" 23 Page

25 Exaggerating and Escalating Management is also guilty of using language that can escalate a situation. This is the second time the same worker made serious mistakes and the Supervisor is visibly upset because she thought it was cleared up after the second occurrence. The following is part of what she said during the disciplinary meeting which ended in a dismissal for the full time clerk. I can t believe this happened again. It s awful. You knew it was absolutely imperative that the order be sent in by 9 am or we wouldn t receive the specials. Someone must pay for this mistake and it s your fault so it s the end of the line for you. The least you could have done was to give me a call to say you didn t think things went well most people have that much common sense. 24 Page

26 Grievance or Complaint? It can be challenging to recognise a grievance from a complaint? The first rule is a grievance is something against the CBA. Past Practise can also be grieved. Something against labour law can be grieved. 1. The workstations of two members are close to a window. They are constantly arguing over whether it s too hot or too cold and always opening and closing the window. 2. You notice that Kim Ng stays in the shop when the rest of the department leaves to go home. After this has happened four times, you talk to Kim. She explains that her supervisor told her to stay late each day to do extra work or she ll be fired. Kim is very shy and frightened. 3. The supervisor tells Christine twice that she shouldn t chew gum and blow bubbles when she s filling in at the reception desk during the noon hour. She also tells her that the next time she is warned she will be left in her clerical role. Christine tells the Steward that the supervisor is treating her unjustly. 1. The sanitation crew at a local tannery has been told that the company will no longer provide free overalls to them as they have for years. No notice was provided to either the employees or the union. 2. A group of workers who make outdoor service calls in sub-zero weather come to you to complain about the company issue parkas. 25 Page

27 They argue that they are not warm enough. The agreement is only specific about tool allowances. 3. The door line (about 10 workers) comes to you. The new quality control procedure is getting on their nerves. The inspectors are always combing through their production. If it is not the inspectors, it is the foreperson that keeps checking on us. They want to file a grievance. 4. Iris turns off her machine to fix a loose wire. Her supervisor comes over to her and demands that she turn her machine on. You can fix it while it is running. You are holding up production. She refuses to turn it back on, and the supervisor tells her to go home. 5. Employer rules specify that employees be neat and personally well-groomed at all times. Bill Jones came back from vacation with a short cut beard. Over a period of a week, the supervisor verbally warned him three times to get rid of the beard. On Friday, the supervisor got fed up with Bill and suspended him for 10 working days. 6. A worker complains that a new supply person leaves supplies too far from her workstation. She has asked the supply person to bring the supplies closer, but the supply person keeps ignoring her. The worker complains that the new person is costing her time and money. She wants to file a grievance against the supply person. 26 Page

28 7. A supervisor asks a worker to do some overtime work. The worker asks, Can t you get someone else? I ve made plans tonight! The supervisor says, I m not going to argue with you. You never do your share of overtime. You are suspended for the rest of the week. The worker wants to file a grievance. 27 Page

29 True or False? 1. Stewards decide whether or not to file a grievance. 2. Duty of Fair Representation means every grievance filed must go to arbitration. 3. Sometimes the Union will settle or drop a grievance even those it is clearly against the collective agreement. 4. Stewards play a role in the Union s duty of fair representation. 5. Unions occasionally treat members within one unit differently. 6. Sometimes a Steward will have a difficult time representing a problem member. 7. Duty of Fair Representation applies to negotiating the contract and administering it. 8. All grievances must be filed through the Labour Board 9. You can file a grievance at any time after the breach has occurred. 10. If you are in a meeting with Management and a member you are first and foremost an Employee 11. Stewards are equal to Management, not subordinate. 12. Sometimes Management will try to punish you for the work you do as a Steward. 28 Page

30 13. All Steward action is protected by the Union s immunity 14. Sometimes things can get heated in a meeting with management. 29 Page

31 Steps For Winning This exercise helps members learn the steps towards a successful grievance. 30 Page

32 Resources This exercise helps members identify resources. Each group should answer the following questions. Questions CAN AN EMPLOYER FILE A GRIEVANCE AGAINST A UNION? HOW IS GENERAL HOLIDAY PAY CALCULATED? DOES EVERY COLLECTIVE AGREEMENT HAVE TO PROVIDE FOR A GRIEVANCE PROCEDURE? WHAT ARE THE GENERAL HOLIDAYS IN MANITOBA? WHAT IF THE UNION AND THE EMPLOYER CANNOT SETTLE A GRIEVANCE? DO EMPLOYERS NEED TO PROVIDE TRANSPORTATION TO OR FROM WORK? CAN EMPLOYEES BANK OVERTIME AND TAKE TIME OFF LATER? CAN THE BOARD AUTOMATICALLY CERTIFY THE UNION WITHOUT CONDUCTING A REPRESENTATION VOTE? IMPORTANT MESSAGE TO SHARE WITH MEMBERS! Our Conservative provincial government has a bill before the House that will get rid of automatic certification. The bills says even if 100% of workers sign a union card they will still need to vote. This allows time for the employer to bully workers into not voting for a union. This bill is expected to pass Fall 2017 BUT NOT WITHOUT A FIGHT! 31 Page

33 Sum it Up 32 Page