INVESTIGATING A GRIEVANCE

How the grievance is investigated and written often will determine whether a grievance is won or lost. In its "Manual for Shop Stewards", the AFL-CIO suggests the following steps in the initial investigation of a grievance:

 

Conduct an interview. Listen carefully to the worker's statement, writing down such things as dates, names, and places.

 

Ask questions for clarification or additional information.

 

  • WHO was involved? This calls for identification items, such as names, clock number, department.

 

  • WHY is there a grievance? Here lists the basic complaint, such as seniority by-pass, past practice violation or safety problem.

 

  • WHEN did it happen? Determine the date and time that the incident or violation occurred or began, not the date the grievance is filed.

 

  • WHERE did it happen? Record the location of the facility, block, member parking lot, etc.

 

Examine employer records on similar issues.

 

Distinguish between a fact and an opinion.

 

Determine which facts are relevant to the matter under discussion. Two written records

should be kept on each grievance, one for presentation to management and one for MCO only. The grievance to management should be brief and direct, including only an outline of the facts and the settlement desired. Unnecessary details will only detract from the main issue of the grievance and may give the employer an opportunity to sidetrack the issue. Other details relevant to the situation may be brought up during discussion of the grievance with management.

 

The written record for use by the steward and MCO should be more complete. It should be detailed and include all the background information the steward will need when presenting the case, and should include pros and cons of the grievance, in anticipation of management's stand on the issue. Also, these written records should be maintained for later use. The information may be useful for future grievances of a similar nature. It may also help the negotiating team at the time of contract renewal and will be valuable to convince the non-believers that MCO is acting on their behalf.