Help EE write grievance?

Caroliso

What do you do when an EE asks you to help them write a grievance or to read and comment on a grievance? I don't feel I can because I'm the one who has to investigate, but I do feel bad for the folks who don't know how to write very well. Even if I feel their grievance is groundless, they should put their best case forward.
Our policy does require they submit a written complaint.

Whirlwind

In my opinion, assisting an employee with writing a grievance might be appropriate within the role of an ombudsman (some organizations have these), but not an HR person -- especially not an HR person who will be the investigator. It's a conflict of interest. I would simply explain that to the employee and suggest that they seek assistance from a trusted friend, family member, or co-worker.

WT

If there is a union, it would be the responsibility of the union rep to help write any grievance. This written form is what they are then stuck with. If it is poorly written, the union is much less likely to prevail in front of a third party. In my experience, grievances that do not make much sense generally concern issues in which the employee cannot support their position. The old computer adage of garbage in, garbage out really applies here. If there is no union, then HR can discuss issues with employees but I would still not help write grievances. Otherwise you may well be in the position of denying a grievance you helped craft. This will not lend you much credibility with the troops.

Geno

Carol,

It would depend.

For a variety of reasons (legal and otherwise) in a union setting I wouldn’t consider helping an employee construct a grievance.

On the other hand, in a non-union setting I may –depending on the gist of the complaint, the overall corporate philosophy and the role HR plays in the organization. There are a variety of ways that this could be accomplished without compromising your role as a member of the management team.

It could be viewed as unfair to limit complaints to those with the skill and ability to articulate or navigate the written complaint process when we knowingly hire people without those skills. It is the frustration that comes from such a managerial mindset that often fosters the desire on the part of employees to consider unionization as a solution to their problems.

Caroliso

Geno, I like your arguments but find it hard to envision. Can you give me an example of under what circumstance you might assist an employee in writing a grievance?
The only way I could see it working here would be if I were to recuse myself from the resolution, which would mean my boss, the COO, would step in. I would also find it tough to decide how much to "help", how far beyond correcting grammar, for example. And how do you avoid the expectation from the employee that because you helped, a winning argument has been crafted?
The alternative I suppose is to identify someone within (I have one option) or outside HR who can help the employee articulate his/her point. I'd be a little leery of involving a non-HR person.

Parabeagle

Although I can understand your empathy toward the employee's plight, I would consider this a huge conflict of interest. I have received many poorly-written complaints over the years and really don't believe that the quality of the decision reached has suffered because of the way the complaint was crafted. Any questions or ambiguities in the original complaint could be explored during the investigative phase.

Geno

Carol,

I hear what you are saying – and I can't speak for the role of HR in your company -- but in mine not all problems are the purview of the personnel department.

I can think of many examples of “conflict” between supervisors and employees that are not passed by me for judgment.

I'll ask you a question: If an employee cannot go to HR for help in solving problems -- where can they go in your organization?

Maybe it is the word “grievance” -- because I’ll bet you wouldn’t have any trouble thinking of all the times that you have helped people solve problems.

Geno

Caroliso

No, you are right, there are many times I coach employees on how to approach supervisors or reoslve conflicts with co-workers. It's just handling the formal grievance in compliance with our grievance procedures that has me stumped.

System

[font size="1" color="#FF0000"]LAST EDITED ON 01-26-06 AT 09:47AM (CST)[/font][br][br]Caroliso,
If you have a union, absolutely not. But it sounds as if you're non-union. In that case, if your policy requires a written complaint, then my advice to the grievant would be to give him/her the type of things that need to be included in his/her complaint: "tell us what occured, when it happened, who was involved (including any potential witnesses), and what you want the company to do about it." Even if they submit something much less than a literary masterpiece, at least you have a starting point from which to begin your investigation. You haven't skewed the comments in any way, and have retained your impartiality. All employees have varying degrees of literacy, communication skills, etc. Giving them an outline of what you need in order to look into a problem "helps" them, but does not taint the investigation or its results.

Caroliso

Thanks, that's very helpful.

Carol