Union Grievances

LindaS

For those of you with union experience I'm hoping for some advice/assistance..

We have one union committee member who files grievances regardless of whether or not there has been a contract violation. For example

1) Our health insurance SPD states that an employee needs to be regularly scheduled for 30 hours to be eligible for insurance. An employee was on reduced hours after being on an extended LOA and we were advised by our TPA that she was not eligible for coverage, offered COBRA and now we have a grievance.

2) An EE gave his two-week notice but failed to work all his scheduled hours. In keeping with past practice he did not receive accrued vacation pay and now I have a grievance.

Isn't there anything that I can do to eliminate these grievances that are filed just because she "doesn't like" something or am I just stuck? In addition, none of these grievances are ever settled. We go through the 1st, 2nd and 3rd step process and then they just kind of "hang" out there. In fact, next week we are having another meeting with the committee, the BA and management regardng grievances and some of the ones they feel are still open date back to 2003.

Any advice?

Don D

1) Don't expect them to stop or diminish.
2) Answer each one by denying it at step 3.
3) Keep a smile on your face.
4) Never let 'em see you sweat.

I have answered a hundred with a simple denial of the grievance and asked in summation for them to advise specifically which clause and what page the violation relates to if they want it advanced.

I don't understand how, if your procedural steps are written precisely, you could have one simply languish forever. Either it runs its course, or time runs out or somebody pushes for arbitration. If not, you need to beef up your grievance procedure when you renegotiate.

TN HR

I noticed you mentioned "our SPD says.." and "in keeping with past practice we..". What does your CBA say? Like Don said, the grievance should specify what portion of the contract was violated. Simply having a beef doesn't make a grievance so.

LindaS

Don -

Thanks for the advice. I received a grievance back today showing they want to go to the next step and I asked the union president what was going on (there is NO contract violation) and he stated that he was instructed to do this by the BA. I handed him the grievance back and instructed him to tell me specifically what section and/or paragraph we were in violation of. He took it back and agreed to go back to the BA. We'll see what happens.

LindaS

Thanks for the replies and in answer to the questions...

As management we keep within the timing guidelines of the contract. We have TRIED imposing the same timing issues with the union but what happens is we have the 3rd step meeting and the BA will say something along the lines of, "we'll get back to you" and then we hear nothing for MONTHS and all of a sudden that grievance will surface again. For example, we terminated a union president in July of 2003. Grievance filed, went to 3rd step, they provided paperwork to go to arbitration, received the information for the arbitrators and then the union asked us to hold off as they needed to do more investigation. Had another meeting in 2004 regarding this issue was told they will get back to us. We are meeting next week to go through these grievances and this one is on the list. Go figure...

As for the SPD, past practice, that is my point, there isn't anything in the CBA regarding these issues but the grievances are filed anyway. The answer is that there hasn't been any contract violation and the grievances are denied but they continue to take these grievances to the next step.

It's just soooo frustrating because so much time is spent arguing with this one committee member but none of the rest of the committee will stand up to her.

Crout

>As management we keep within the timing
>guidelines of the contract. We have TRIED
>imposing the same timing issues with the union
>but what happens is we have the 3rd step meeting
>and the BA will say something along the lines
>of, "we'll get back to you" and then we hear
>nothing for MONTHS and all of a sudden that
>grievance will surface again.

This is easily solved. At the end of each meeting you establish a deadline as per the guidelines in the CBA. If that deadline comes and goes and there is no response you send a registered letter to the union acknowledging that the issue is closed....then ignore any further attempts to bring the issue back up.

Don D

In that event, when you cannot get them to agree that there is no violation, I would be sure the company rubber stamps your decision at the one or two subsequent steps, if you have steps behond yourself. And there to not have to be meetings and hearings and gathering of the parties around oak tables at these steps. Shuffle the paper, deny and deny again and tell them that the things have been resolved. And do not hear a second grievance identical to the other one. Deny it before it's ever accepted. Write across it, "This identical grievance was heard and ruled on in grievance no.xxx dated xxx." Remember, one of their missions, and one with a high priority, is to keep you frustrated, rattled and confused. Do not let them manage your time.

Hunter1

Good advice thus far. You should definitely try for language in your agreement which says that any grievance not advanced to the next step in 'x' days is considered settled in favor of the company. Do you have any rapport with the BA? If so, perhaps he/she can have a discussion with the committee member. The union doesn't necessarily enjoy pursuing grievances without merit either.

Good Luck.

Whatever

Good advice above. We cut down on the number of grievances that didn't relate to items in the contract but saying we wanted arbitration. The union hates spending the money on arbitration and attorneys when they can't win.

Don D

It's been my experience that these kinds of repetitive, BS grievances are filed by the same one or two stewards, month after month, every year. These reps are typically loose cannons, see themselves as 'spokesperson for the masses' and don't give a hoot about good relations with the company. They get their reward in the form of feedback from the clowns who support their foolishness. These are your 'seventh grade spitball shooters' and you will have them for all time (it is written).

Definitely, the one part of the contract that should be the most clearly written is the grievance procedure. Well, that and the section on management rights. You should be able to put the tip of your sharp pencil right on the sentence you need and tell them 'you have not followed the contract'. This is also one of the sections of the contract that they will fight the hardest against in negotiations, so be prepared next time to give something away in order to get it clarified. Sell it as a win-win for both parties in an effort to advance their right to grieve. If you sell it right, they'll buy it in a moment of weakness, as a trade-off.

In the absence of contract language to the contrary, of course your company policy and your SPD will rule. The management rights clause/section should make it clear that the company reserves the specific right to formulate, adopt, revise or cancel its policies and procedures as it sees fit, unilaterally, without bargaining, unless specifically prohibited by contract language.