IBEW The IBEW Grievance Process with TVA DFR

IBEW ® The IBEW Grievance Process with TVA

DFR Guidelines ØConsider all grievances solely on their merits. ØYou may not refuse to process a grievance because you do not like the grievant. ØInvestigate any grievance thoroughly. ØProcess the grievance promptly and do not miss any time limits.

DFR Guidelines (cont’d) ØTake notes and keep written records. ØKeep the grievant informed. ØTreat all members of the bargaining unit the same. ØNon-discrimination. ØHave a valid reason for any action taken on a grievance.

The IBEW Steward and the Grievance

KEY POINTS 1. 2. 3. 4. 5. 6. 7. 8. Definition of a Grievance. The Grievance Procedure. The Five W’s. Proper Investigation Techniques. Tests for Just Cause. Writing Up the Grievance. Presenting the Grievance. What Is Arbitration?

Define a Grievance: A grievance is a violation of a worker’s rights.

Ø Ø Ø It is a violation of the contract? It is a violation of federal, state or local law? It is a violation of past practice, written or unwritten? It is a violation of management responsibility? It is a violation of management rules?

Purposes of the grievance procedure are: 1. To settle disputes that arise during the life of the contract. 2. To establish an orderly manner for handling disputes. 3. To assure every worker there is a mechanism for resolving grievances.

4. To present grievances in a united manner. 5. To establish rules in the workplace which allow either side the right of appeal until a final and binding decision is reached.

THE 5 W’S Ø WHO Ø WHAT Ø WHERE Ø WHEN Ø WHY

Double check to make sure you have all the facts. AND WRITE THEM DOWN!

Ø What is the quality of the information received? Ø Is the information available useful? Ø Can the information be measured? Ø Is the meaning of the information clear? Ø Separate facts from opinions and generalities. Ø Always write it down.

JUST CAUSE 1. Did the company give the employee forewarning or foreknowledge of the possible or probable disciplinary consequences of the employee’s conduct? 2. Was the company’s rule or managerial order reasonably related to the orderly, efficient, and safe operation of the company’s business?

3. Did the company, before administering discipline to an employee, make an effort to discover whether the employee did, in fact, violate or disobey a rule or order of management? 4. Was the company’s investigation conducted fairly and objectively?

5. During the investigation, did the company obtain substantial evidence or proof that the employee was guilty as charged? 6. Has the company applied its rules, orders, and penalties evenhandedly and without discrimination to all employees?

7. Was the degree of discipline administered by the company in a particular case reasonably related to: a. The seriousness of the employee’s proved offense b. The employees service record with the company?

RIGHT TO INFORMATION ØGross wages paid and wage rates. ØWage history of individual employees. ØCopies of daily work reports. ØDisciplinary and performance records of the grievant.

ØRecords of discipline applied to other employees for similar offenses. ØJobs available at the new plant. ØArrangements with subcontractors performing maintenance work. ØMan-hours worked by subcontractor’s employees under the contract.

1. Who has the grievance? 2. When did it happen? 3. Where did it happen? 4. What happened? 5. Why is it a grievance? 6. Settlement desired?

QUESTIONS FOR PREPARATION 1. Have I obtained all the facts from all parties? 2. Do I have all the other information? 3. Have I checked the contract, regulations and policies? 4. Have I explained and thoroughly gone over the case with the grievant?

5. What questions, if any, do I want to ask of management? 6. What points do I want to get across? 7. What kind of position will management take, and what might be management’s arguments? 8. What questions might management ask?