When
the Member Doesn't Have a Grievance
For most shop stewards, the
process of handling grievances is pretty routine. We are out there on
the property, every day making sure that management holds to the
agreement.
And when the member comes to us with a problem, we check it out. We do
the proper grievance investigation to determine whether the issue is
really grievable under our agreement.
But what happens when we do all we can but the problem is not a real
live grievance? It's happened to all of us. Your coworker--someone
you've worked with for ten years asks you to file the grievance that
just isn't a grievance.
What do you do?
Let's start with what you
shouldn't do. Don't file the complaint or issue if you know it isn't
really a grievance. If you do, you are transmitting three pretty poor
messages.
Wrong Message
First, the member thinks you
can actually achieve something with the grievance procedure that it
isn't designed to do. The member gets the impression that the
grievance is a lottery and every entry has equal weight. That simply
isn't true and it is isn't fair to the member or to other members.
Besides you raise expectations which you can't fulfill.
Second, it damages your credibility with management. Part of the goal
of grievance handling is to resolve problems; and grievance resolution
needs the cooperation of both sides. If you go to management with
lousy grievances, you will quickly lose the company's respect. Your
judgment will be called into question when you present other issues
which might be very legitimate grievances.
Lastly, filing frivolous or poor grievances can make management
retaliate and poison the relationship with the union on even larger
issues.
What should you do?
Tell the member straight out
that the problem isn't grievable under the contract. Explain why.
Don't take for granted that members understand the union's role in
handling grievances and what the repercussions are for filing
frivolous ones. Explain what the process can achieve and what it
can't. Talk about the bottom line issue of justice for all members.
Don't procrastinate
Don't procrastinate but deliver
the news directly and sympathetically. Expect some emotional heat at
this discussion, but listen sympathetically so long as you personally
don't have to bear the brunt of any outburst.
Also keep good notes as to your decision and if there is a stewards'
meeting at the local, make it part of your report so that the member
does not go shopping around for another steward to file the grievance.
Try to resolve the issue
See in what other ways you can
resolve the issue. There is no reason why you can't go with the
member to discuss the issue with supervision. If the issue is serious
enough, discuss it with your officers to come up with a strategy to
deal with it.
If the problem is a personal one, direct the member to a union
counselor or other appropriate services that are available to the
members.
Saying no to the member about filing a grievance is one of the
toughest responsibilities you have as a shop steward. Some members
will never be satisfied with the answer. But for most members, some
demonstration of concern and possible resolution will go a long way in
building the local union.
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