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What Is A Grievance?

As a steward, you are likely to get complaints on every aspect of working conditions in your workplace. But they may be just that - complaints. For a legitimate grievance to have occurred there must have been a violation of the collective agreement or an employee's rights on the job.

Because most employee's rights are contained in the collective agreement, this is the first place you look to see if there is a real grievance against the employer. If the grievance is a clear-cut violation of the contract, it will be easy to prove, provided you stick to your guns. If it involves an interpretation of the contract, it will be a little harder to prove and you should contact a Business Representative of the union.

Violation of a federal or provincial law
Example: A decision by a worker to refuse to do unsafe work is supported in most jurisdictions by health and safety laws. Similarly, a complaint of racial or sexual harassment by management may be covered by a Human Rights Commission. In these types of cases the Steward is advised to consult with your Union Representative to determine the best approach.

Violation of employee's rights
Like other issues, the union must have a clear-cut, well-documented case. These kinds of grievances are hard to fight and win so the local union should try to ensure that any problems concerning employee's rights are safeguarded in writing - in the collective agreement.

When a member comes to you with a complaint, the first thing to do is get the facts. Listen to their story. Ask yourself - does it violate the contract? the law? a past practice? their rights? If the answer is yes, chances are the complaint you have is a legitimate grievance.

Whether the complaint is a legitimate grievance or not, the employee is concerned enough to come to you with a problem. This concern demands action on your part to clarify or correct the situation. If you answered "no" to whether the problem violated the collective agreement, past practice, a law, or the employee's rights, then you have a complaint.

Complaints must be dealt with
If a member believes that there has been a violation of the collective agreement, you should explain why it is not. A member may think they have a grievance because they don't fully understand the contract.


Whether a grievance is won or lost is often determined by how the steward investigates the problem. Therefore, the steward must be prepared to do the following:

  1. Conduct an interview.Listen carefully to the worker's statement, writing down such things as dates, production records and other relevant information.
  2. Ask questions for clarification or additional information.
  3. Examine relevant company records.
  4. Distinguish between fact and opinion.
  5. Determine which facts are relevant to the matter under discussion.
  6. Document, Document, Document.

Preparing For Writing Grievances

Who Employee's full name
Department
Branch/Division/Section
Witnesses
Supervisor
What Exactly what happened
When Time/date
How often/how long
Where Exact location, part of building, department, section, etc.
Why Why a grievance/violation of collective agreement; past precedence/company policy, etc.
Want What adjustment is required "Full Redress" "Cease & Desist"
* Be sure to follow your collective agreement's proper grievance step procedures and time lines for each step * & Be sure there are two signatures on the grievance form, the griever, and the shop steward and dates both signed.
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