These observations on the handling of grievances in labor/management relations have been compiled as a set of general principles which union leaders will find useful in the process of grievance representation. They are sound and reasonable. Individual leaders may also know, and observe, additional principles that serve them best in each unique situation.  A clear understanding of the concept embodied in these principles serves to assist the union leader toward achieving a more successful record in contract administration.

 

Investigate at the first step as though the grievance is a potential arbitration case. It is better to be prepared for arbitration and not go, than to go to arbitration unprepared.

 

A good investigation will expedite settlement. A good investigation tells you early what to do -- push on or drop. A good investigation helps the steward's confidence and the confidence of the members in the steward.

 

Most grievances are easiest to settle at the initial informal stages.

Greater flexibility exists without formal written exchanges. "The facts are fresh," witnesses are available, and sometimes it's easier to keep a person on the job than to get their job back.

 

Serious discussion can occur in an informal setting at the initial stage; Stewards usually maintain an effective working relationship with the supervisor.

 

MCO members should be constantly encouraged to notify their steward immediately following an incident, or when they feel they have a grievance.

 

Who is the grievant? The grievant may be any of the following:

 

1. The person (or member).
2. A group of persons (or members).
3. Grievance Procedure
4. MCO

 

Many labor leaders hold that the Union cannot fail to process a grievance that violates the contract even though an aggrieved member is not willing to proceed.

 

Who is affected by a grievance?

 

Individual: The grievance may affect only one person.

 

Group:  This type of grievance would affect individuals in a group.

 

As the representative organization, MCO owns the non-Civil Service grievance.  Some factors we consider when deciding on a course of action are:

 

Are all MCO members affected?

 

How will MCO be affected if the grievance is (or is not) processed? How will the collective bargaining agreement be affected if contract violations go unchallenged?

 

Will MCO’s equity be maintained by the final decision of whether to process or not?

 

Members are entitled to good representation. Duty of fair representation requires good and effective representation.  The representative must be:

 

• Competent (meet time limits)

 

• Non-discriminatory

 

• Not Arbitrary

 

• Not Capricious

 

• Conduct a full and fair investigation.

 

• Representation and the presentation of the grievance must be impersonal.

 

• It is better to say, "The Union's contention is," rather than I contend," "the Union's position," instead of "my position."

 

• Personal likes (or dislikes) or friendships must not enter the process.

 

• Pressure is what settles grievances. Though skill and tactics are important factors in successful grievance handling, pressure enters the process at almost every stage.

 

• Sometimes pressure is generated by the members on the steward.

 

• Pressure on management’s chain of command is often needed, and stewards usually exert this pressure. (Regarding this point, stewards should be guided more by "what is right and necessary" than on trying to be a "good guy/gal.")

 

• Taking the grievant (member) along. In terms of principles, policies vary on whether the grievant should "go along" through the steps. Some factors to consider:

 

 

• Will the member injure the case?

 

• Does the steward want witnesses other than grievant?

 

• Is MCO’s policy known to both steward and grievant?

 

• No member should be denied the right to be a part of the process. A decision on whether the grievant goes along is easier to make when the grievant is continually counseled and apprised of the progress of the grievance.

 

• A successful grievance procedure is one that settles grievances.

 

• It requires commitment and compromises from both sides.

 

• Management has the power to establish the tone or atmosphere in which grievances are processed.

 

• MCO can respond to change the attitude of management. Many times the procedure will generally be somewhere between a very formal "legalistic" approach and an informal, "problem solving" method.

 

• Maintain a record of grievances. Even when grievances are settled before the "written step," a record should be kept. The record should reflect both MCO’s gains and losses. Other hints:

 

• Local chapters should have a filing system.

 

• Records are needed for guidance on future grievances, establishing precedents, for negotiations, and in formulating demands.

 

• Any written presentation to management should be brief, concise state grievance and remedy desired, avoid writing down your argument.