Union Grievance Issue
LindaS
1,510 Posts
I need to vent...
I received a grievance back in October regarding an OT issue. Because there wasn't any written policy addressing the issue and it was an he said/she said type of thing I met with the committee and we agreed to meet to develop a policy regarding the issue. I also informed them that this policy would provide the answer to the grievance and they agreed. We met, came up with a policy and notified all EEs accordingly.
On November 9th there was a 3rd step meeting wherein the committee brought up this grievance. While I reminded them of the meeting back in October they denied that they agreed that the policy would be the answer to the grievance so, while I disagreed, I provided a written answer on November 10th. On November 14th I received the grievance back stating they did not agree and were taking it to the next step.
We had a 3rd step meeting on it on December 14th wherein I informed them that the company's answer remained the same and provided a written answer on that day.
Last week I get a call from the business rep. telling me that we need to have a 3rd step meeting for this grievance. I reminded him that we already met. He called me back and informed me that the company never provided a written response. I, again, reminded him that we did provide the response on that day.
Now this morning I get a "letter" from the union VP telling me that he is "waiting for a written answer" on this grievance.
I'm at a loss as to what to do. We have TRIED to enforce the time limits outlined in the contract but to no avail. They STILL bring up grievances that are years old and, even though we refuse to discuss them, they are still considered "open". What don't they get? How would you handle this when you not only have a committee that has no idea what they are doing but you also have a business rep. that doesn't? In fact, the business rep. informed the committee, in front of me, that "It's not my job to think, I am here to represent".
Thought?!? Thanks for letting me vent.
I received a grievance back in October regarding an OT issue. Because there wasn't any written policy addressing the issue and it was an he said/she said type of thing I met with the committee and we agreed to meet to develop a policy regarding the issue. I also informed them that this policy would provide the answer to the grievance and they agreed. We met, came up with a policy and notified all EEs accordingly.
On November 9th there was a 3rd step meeting wherein the committee brought up this grievance. While I reminded them of the meeting back in October they denied that they agreed that the policy would be the answer to the grievance so, while I disagreed, I provided a written answer on November 10th. On November 14th I received the grievance back stating they did not agree and were taking it to the next step.
We had a 3rd step meeting on it on December 14th wherein I informed them that the company's answer remained the same and provided a written answer on that day.
Last week I get a call from the business rep. telling me that we need to have a 3rd step meeting for this grievance. I reminded him that we already met. He called me back and informed me that the company never provided a written response. I, again, reminded him that we did provide the response on that day.
Now this morning I get a "letter" from the union VP telling me that he is "waiting for a written answer" on this grievance.
I'm at a loss as to what to do. We have TRIED to enforce the time limits outlined in the contract but to no avail. They STILL bring up grievances that are years old and, even though we refuse to discuss them, they are still considered "open". What don't they get? How would you handle this when you not only have a committee that has no idea what they are doing but you also have a business rep. that doesn't? In fact, the business rep. informed the committee, in front of me, that "It's not my job to think, I am here to represent".
Thought?!? Thanks for letting me vent.
Comments
Based on what you have written and our union contract, I would start preparing to go to arbitration.
Well, we received the grievance and as a result put a policy into place that requires individuals on vacation to contact the company to inquire about OT if they are interested in working any available OT.
They are grieving the fact that the EE did not get called by the company and asked to work the OT.
As for the arbitration issue, this is my problem. We provided our 3rd step answer as required and now they are, as of today, at the 30 calendar day deadline to notify us if they intend to go to arbitration on this. If they come back, say next week, and inform us of their intent, what then? Their timeline as is stated in the contract has expired.
If they move for arbitration after the timelines, you will have to argue that the grievance is not timely in addition to the merits of your denial.
As to the main issue, I would go to arbitration. It is not a he said/she said issue. It is based on what the contract states. You reasonably followed the contract. If the union wants to argue that either you post on Thursday or there is no overtime on Saturday, they just stand to anger their members.
Today I spoke with the VP who states that he cannot find the form anywhere and wanted to know whether the business rep. had it. I told him that I gave the report to him and what happened after that I do not know.
He then asked what the next step was and I responded "arbitration". He stated that they were "definitely going to arbitration" but the 30 calendar day timelimt expired yesterday. Now what? I mean, at what point do they have to take responsibility for their actions or lack thereof?