Introduction to Grievance Handling Part 2 Caryn Laflamme
- Slides: 11
Introduction to Grievance Handling Part 2 Caryn Laflamme, Lead Field Representative, AFT MA Summer Leadership Institute August 17, 2020
Review- Five Steps of Grievance Handling Identification Deciding if a grievance exists Investigation Talking to anyone involved Documentation Collecting written evidence Preparation Planning and organizing the case Presentation Making your case to management
Top Tips for Preparing a Grievance Review all your evidence; fill in any gaps you discover. Determine the importance and relevance of each fact and piece of information. Distinguish between allegations and opinions on the one hand facts on the other. Research the local’s grievance file and talk to other officers to see if there any past practices on similar situations or to gain insight on the case. Write the grievance. Prepare the grievant for the grievance hearing. Make an outline/script for yourself for of the points you want to make in the grievance hearing. Anticipate management’s arguments, questions and point of view; know how you and the grievant will respond to each of these.
Writing the Grievance. Four Main Sections 1. Basic Information about the grievant: name, job title or classification, department, school/work location, etc. 2. Information about what happened (or failed to happen) that brought about the grievance. 3. A description of what contract provision, work rule, past practice, etc. , that management has violated. 4. A requested remedy for the grievance.
Top Tips for Writing the Grievance State the grievance in a concise description of the basic facts and information. Start with the words “On or about. ” Don’t include statements of personal opinion. Don’t include your evidence or arguments in the case- save those for when you meet with management. List any and all management violations of the contract. After you list specific contract articles, include the phrase “and any and all other articles of the contract that may apply. ” Clearly state the desired remedy and, when appropriate, conclude the remedy by asking that the grievant be “made whole. ” Have the grievant sign the grievance form and make a copy of the grievance before submitting it to management.
Example- How Not to Write a Grievance Statement of the Grievance: Without even talking to the union about it, management decided to change the starting time and ending time of Lincoln Middle School. Changing the start time for the school day by 45 minutes would wreak havoc in the lives of employees. Management never listens to the union and they can’t just go around doing whatever they want. This is unfair for all the staff at this school. Remedy: That management stop pulling stunts like this and start following the contract.
Example- How to Write a Grievance Statement of Grievance: On October 30, management changed the start times and end times of the Lincoln Middle School. This action violates Article VII (Hours of Work) and any other article of the contract that may apply. Remedy: That management immediately return to the schedule as described in the contract and make all affected employees whole.
Practice- Writing a Grievance The Event Juanita Perez is a 4 th grade teacher at ABC Elementary School. On Monday she submitted a request to take Thursday off as a personal day. She received an email from her principal stating that her request for a personal day was denied because another teacher had already requested and been granted a personal day for Thursday. Instructions Check the language in your contract and, if there is a violation, use your Grievance Form to write up a grievance on this situation.
Presentation of the Grievance Do Don’t Use a positive, friendly down-to-business approach. Make threats or try to bluff your way Stick to the subject of the grievance Allow the discussion to be sidetracked. Discuss issues. Remain calm, cool and collected. Keep notes of what is said during the meeting. Listen for the main point of management’s argument and for possible openings to resolve the grievance. Attempt to resolve each grievance at the lowest possible level, but be prepared to appeal to the next step if management is not willing to fairly resolve the case. Get every grievance settlement in writing. Give your understanding of what (if any) resolution has been reached and next steps. through the grievance. Discuss personalities. Become angry, belligerent or hostile. Lose focus on the objective: resolving the grievance. Get into arguments with the grievant during the meeting. If need be, ask for a caucus. “Horse trade” or swap one grievance for another. Each case should be decided on its merits. Accept management’s verbal assurance that “it will be taken care of. ”
Other Things to Remember What about management rights? Pay attention to time lines! If the parties agree to any extensions or to put the grievance in abeyance, put it in writing. Keep the grievant in the loop throughout the whole process. Explain the grievance procedure. Describe what they can expect at the grievance hearing. Explain the pros and cons of arbitration. What if there isn’t a meritorious grievance?
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