5 ways to lose a grievance · Know what kind of win you want when you start the process, because...

FIVE WAYS TO LOSE A WINNING GRIEVANCE

International UnionOf

Elevator Constructors

INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS

5 WAYS TO LOSE A WINNING GRIEVANCE

What's worse than losing a grievance?

Losing a grievance that everyone knew was a 100 % sure winner.


Losing "sure winners" happens all the time. Not because of the merits of the grievance, but because of the way they are handled.



Making a fundamental error or forgetting a basic detail can snatch defeat from the jaws of victory.



#5 Wait Until Somebody Brings the Issue to You

Just because no one brought a problem to your attention earlier doesn't mean the union shouldn't have known about it.

If it started happening a year ago, and no one made it an issue until recently, it may be too late to do something.


We have to examine changes in the workplace as they are happening:

Can management do that under the terms of the contract?

Is it harmful to the employees? Is it legal? If you wait until someone complains

about it, it may be too late.


#4 Fail to investigate the grievance

Always check the full contract first. Talk it over with your Regional

Director. Ask your members for a written

statement Make request for information Research the issue on the GTS Research past arbitrations


#3 Fail to cite all of the articles of the contract that apply

Cite all the articles that reasonably seem to apply.

Later in the grievance process, someone may figure out that one section of the contract provides a stronger argument than the others.


#2 Figure Out What Winning Really Means After It's Too Late

“Winning" is not always as clear as it seems.


“Winning" can mean: undoing a wrong winning compensation for the

members or the Local. setting a precedent for the future. holding management accountable

for its actions


Know what kind of win you want when you start the process, because these goals may be competing or even exclusive of each other.

You may "win" the grievance, in the formal sense. But if you didn't demand the right resolution, it probably won't feel like much of a victory.

Every resolution should include the employer ceasing the grieved action.


#1 Timeliness


#1 TimelinessIf you were management, would you give the union a little slack if they filed a grievance too late - especially if it was going to cost the employer either a lot of money, authority or embarrassment?

No way.


#1 Timeliness

An untimely grievance can be denied by the employer on timeliness aloneregardless of the merits of the grievance.


#1 Timeliness

In the last year , 23% of the grievances heard at the NAC were claimed to be untimely by the employers.


#1 Timeliness

If you have to do something within a certain time frame, get it done.

The longer you wait, the greater the chance that you'll miss the deadline and lose your grievance.


Oral Step Time Limits

Oral Step – 10 working days after the cause of the grievance is known or should have been known.

3 working days after the Oral Step the Employer must notify us of it’s disposition of the matter.


Step One Time Limits

Written Step One must be filed within 10 working days of the conclusion of the Oral step


Oral Step 1/30/2008

Step One Filed 2/18/2008Untimely

14 Working Days


Documentation is the key to defending against a claim of an untimely grievance.


Document the date , time and management person you had contact with during every step of the grievance process.

Retain fax confirmation or certified mail receipts for all correspondence sent to the company

Use the IUEC template letters


Time extension Art XV Par 11

If you need more time to investigate, send a request for an extension:We request an extension of __ working days from the date of this request to complete our investigations of the merits of this matter.


Time extension Art XV Par 11

If you need more time due to a RFI, send a request for an extension:We request an extension of __ working days after our receipt of the information requested on __ to complete our investigation of the merits of this matter.


If the employer has not given his disposition in a timely manner:As required by Article XV Par. 2, the three working day time limit for your disposition of Grievance __ has passed. As you will recall, we discussed this grievance on __. Please notify IUEC Local __ of your disposition as soon as possible.


And finally, if the employer won’t sent your requested information:

Please provide us with the requested information or a date that it will be provided. We will file a unfair labor practice charge on _ for refusing to bargain with Local _ by refusing to provide information .

File the charge


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Date post:	05-Aug-2020
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5 ways to lose a grievance · Know what kind of win you want when you start the process, because...

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