PREPARING AND PURSUING A GRIEVANCE Presented by: Richard Rosenblatt, Esq.

Duty to Fairly Represent Entire Bargaining Unit Why this Duty: Exclusive Representative Standard: Union’s Representation not “arbitrary, discriminatory or act in bad faith”

What Each Term Means Arbitrary: so unreasonable as to be irrational Discriminatory: race, gender, disability, religion, union membership Bad Faith: fraud, dishonest or other intentionally misleading conduct

Duty to Fairly Represent Obligated to file grievance? What if individual does not want Union to pursue grievance? What if the individual does not participate?

Filing A Grievance What is Included: Local Name and # Case Number Date of Occurrence Grievant Name Describe dispute Contract Sections Violated Proposed Remedy Union rep name and signature

Timeliness What does the contract require? Who has knowledge? Steward - Agent of Union Continuing violation?

Contract Violation Grievance - Violation of contract or past practice To determine if contract violated look at the contract Not general provision, pinpoint specific provisions

Contract Violation 7 Steps Rule Related to Operation “Just Cause” 7 Steps Rule Related to Operation Employee Knew about Rule and Consequences Company Conduct Full Investigation Investigation Fair and Objective Substantial Evidence of Guilt Discipline Not Disparate Discipline Related to Seriousness of Conduct

Contract Violation Past practice As a “provision” means Unequivocal Clearly enunciated and acted upon Readily ascertainable over a reasonable period of time as a fixed and established accepted by both parties Past practice can also be used to interpret ambiguous contract terms

Describing The Dispute How to Describe the Dispute Example: Discharge without cause Don't put all of the facts and potential defenses

Remedy Discipline/Discharge "Make whole" Obligation to mitigate if discharged No right to punitive damages Interest Health insurance issues Discharge - include reinstatement

Remedy Contract Interpretation Return to Status Quo Make Whole? Think about if you win is remedy worse because of the effect on others?

Investigating Grievance: What Do You Do? Review contract Look at definition of terms Info requests Relevant and necessary Research prior similar cases Talk with other local officers re: similar prior cases

Investigating Grievance: Interview Witnesses Talk with grievant Eyewitnesses to events Get written statements from them? Review relevant documents

Grievance Meeting Objective of meeting Preparation for meeting Try to understand the Company’s position Settlement discussions Preparation for meeting Taking notes How you conduct yourself

If Local Decides Not To Pursue Grievance to Next Step Informing the grievant What do you say? lr opeiu30/afl-cio