Grievance Issue - Your thoughts
njjel
1,235 Posts
We don't get many of these so I'm asking for input:
A supervisor wrote up an ee for insubordination. The ee was asked to cover the front desk and she advised the supervisor in a not so pleasant tone that she had just gotten in and needed some time to get herself together as she had had a sleepless night. The supervisor again asked her to cover the front and the ee retorted "I can't deal with you now. Do whatever you have to do". Thus the write-up.
The ee grieved the write-up stating that she hadn't refused to cover the front, but had asked for time to do so as she wasn't feeling well. She further stated the supervisor made an issue of this infront of her co-workers and that there were others who could have covered the front but she singles her out all the time to do this. She says she was not insubordinate because she didn't refuse to cover the front desk, just asked for more time.
Your thoughts please.
A supervisor wrote up an ee for insubordination. The ee was asked to cover the front desk and she advised the supervisor in a not so pleasant tone that she had just gotten in and needed some time to get herself together as she had had a sleepless night. The supervisor again asked her to cover the front and the ee retorted "I can't deal with you now. Do whatever you have to do". Thus the write-up.
The ee grieved the write-up stating that she hadn't refused to cover the front, but had asked for time to do so as she wasn't feeling well. She further stated the supervisor made an issue of this infront of her co-workers and that there were others who could have covered the front but she singles her out all the time to do this. She says she was not insubordinate because she didn't refuse to cover the front desk, just asked for more time.
Your thoughts please.
Comments
The employee arrived at work not intending to go right to work, because she needed to pull herself together. Her response to the supervisor's response got her the write up. "I can't deal with you now, do whatever you have to do." Wow that sounds like insubordination to me.
As far as the employee stating she is singled out, it's the supervisor's responsibility to staff his/her department. There are probably reasons whay the others are not asked to cover the phones such as work loads, ability to use the phone system, not good on the phones, etc.
Lastly as far as making an issue in front of staff, that could have been handled better. But the initial response of the employee to the request sure could have handled better.
The write up seems appropriate to me.
As a result of the write up, what happens to the employee? Suspension? Not able to bid on open jobs? Besides bringing her bad additude to her attention, what happens to her as a result of the write up?
My $0.02 worth!
DJ The Balloonman
The ee has to know the consequences of refusing an order or delaying an order from mgmt. (at least here in this union enviroment)in order to get through a grievance process. However, here we would write up the ee for rudeness. I agree with Don though, let it bump up to 3rd step, then re-evaluate.
Do a thorough investigation, and decide now what your response is going to be all the way through arbitration. I do not agree with the idea of allowing the issue to go up the grievance procedure a couple of steps (You've only got two, anyway). Our employees know that I approve ALL answers to grievances at all steps, and if we deny a grievance at step one, they understand that I'm willing to go to arbitration with it, barring some new information coming to light further along in the process. If we were wrong, we say so at step one. It adds credence to the process, and employees don't test us very often.
If the conversation had ended with, "I need a little time to get ready", then I think a write-up would have been excessive. The added, "I can't deal with you right now..." was over the line and the employee should be made responsible for this.
Before answering the grievance, find out who the co-workers were and complete an investigation. If the results show as you stated above, I would answer the grievance in that manner and let it go to the next step.
I agree with Don in that this situation, unless your investigation provides additional information that would make you question the supervisor's motives, should not be dropped at this step.
Thanks everyone for your input on this!
Listen, if there are witnesses they will be trotted out at the first meeting with the union. But use this knuckle heads own stupidity against them. When you meet, get them to discuss everything from the beginning, you may even insuate that in addition to the grievance process you want to know how the supervisor handled themselves. Tell the supervisor you are going to do this......... I will be you a dollar, the employee will get rolling saying how she was not ready to work (rule violation) how she said she would not deal with him now (insurbordiantion or rudeness) and will hang themselves. If the supervisor became stern with them after they were not ready to work, who cares.
My $0.02 worth!
DJ The Balloonman
Never let the fear or cost of arbitration rule your actions. Employers do win at arbitration much to the surprise of the complaining employees. The bottom line is that you have to have the authority to manage and direct the work force. Never give that up.