| |
1. Missing a Deadline
If you were management, would you give the union a little slack if
they tiled an appeal too late --
especially on a case that was going
to cost the employer either a lot of money, authority or
embarrassment? No way.
If you have to do something within a certain time frame, get it done.
It could be filing a document, preparing for a hearing, submitting a
brief or filling out a form. It makes no difference. The longer you
wait, the greater the chance that you'll miss the deadline and lose
your case.
2. Wait Until Somebody Brings
the Issue to You
Just because nobody brought a problem to your attention earlier
doesn't mean the union shouldn't have known about it. If it started
happening a year ago, and nobody made it an issue until recently, it
may be too late to do something.
That's why somebody, preferably a group of stewards, needs to examine
changes in the workplace as they are happening. Can management do that
under the terms of the contract? Does it hurt employees? Is it legal?
If you wait until someone complains about it, it may be too late.
3. Fail to Arrange for
Witnesses to Attend Hearings
You may have a fantastic eyewitness who will verify everything the
grievant alleges. But if
you wait until the last minute to notify
the eyewitness about a hearing date, you may find that he or she is
out of town, in the hospital, or just plain unreachable. Then where
will you be with no corroborating testimony?
Be sure your witness knows when and where the hearing is, too.
Witnesses aren't much good if they show up at the wrong place or time
to testify.
4. Don't Prepare Your Witnesses
There's nothing like the sinking feeling you get in a grievance
session when a grievant or witness says something that destroys your
case. Go over every question you will ask beforehand. Witnesses
shouldn't volunteer information. Their answers should be short,
factual, and to the point.
5. Fail to Cite the Most
Compelling Section of the Contract
Some people routinely add the words "other related sections" to the
part of the grievance form that asks you to specify the contract
section that was violated. Later in the grievance process, somebody
may figure out that some other section of the contract provides a
stronger argument. Always check the full contract first. Talk it
over with someone else who knows the agreement. Cite all the articles
that reasonably seem to apply. But if you can hold open your options
(by listing "and other related sections") until you are asked to be
more specific, you may buy some time to strengthen your case.
6. Get Personal
It lessens your victory if management drags out the grievance process
needlessly long. If they stall things because they think they can win,
there's not much you can do. But when they do it just out of spite and
personal animosity, maybe you could have prevented it by keeping the
grievance process strictly professional and not a grudge match between
two individuals.
Winning is its own reward. You were right and management has to
acknowledge it. Don't give them an unnecessary reason to postpone the
final resolution.
7. Figure Out What Winning
Really Means After It's Too Late
"Winning" is not always as clear as
it
seems. sometimes winning means getting
redress -that is, undoing a wrong or
winning some sort of
compensation for the victim. In other cases winning means setting a
precedent for the future. In yet other cases, winning may be seen as
holding management accountable for its actions
-- an
apology, public acknowledgment that they were wrong or embarrassment
of a particularly authoritarian boss. Know what kind of win you want
when you start the process, because these goals may be competing
--
or even exclusive of each other. You may
"win" the grievance, in the formal sense. But if you didn't demand the
right resolution, it probably won't feel like much of a victory.
|