Union Grievance Issue

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.

Comments

  • 7 Comments sorted by Votes Date Added
  • [font size="1" color="#FF0000"]LAST EDITED ON 01-12-06 AT 09:02AM (CST)[/font][br][br]What does your contract state is next step after the 3rd step? Since I don't know what the OT issue is, I would like to know that. Exactly what is the grievance? In addressing the issue, did you re-opening the contract?
    Based on what you have written and our union contract, I would start preparing to go to arbitration.
  • The next step is arbitration. As for the actual issue, whenever OT is needed we put up a notice in the plant and people sign (voluntary). For Saturday OT the notice has to go up by the end of the shift on Thursday. We had a situation wherein on Thursday we were not planning on working OT and an EE came up to the supv. and asked if there was going to be OT. He responded that we were not. The EE was scheduled for vacation on Friday and remarked that if there was OT on Saturday she would be interested in working. Well, on Friday a customer called and needed parts ASAP. Because of this we decided to work on Saturday and our practice was to approach individuals who were working on Friday to ask them if they would like to work. Because this EE was not working she was not asked, nor did the supervisor agree to call her. In fact, the supervisor barely recalled the conversation when he was asked.

    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.
  • I would write the union a letter (send it certified, return receipt) stating that you responded to their Step 3 grievance on "X" date and include a copy of that response. I would also state that the fact that you are resending the Step-3 response does not extend their timelines for advancing the grievance to the next step.

    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.
  • Always follow the contract. If the timeline has expired, there is nothing to discuss.
    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.
  • Thanks for the responses. I responded to the "letter" yesterday by stating, in writing, that they received our written answer on 12/14/05.

    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?
  • Timeliness is a huge issue. You may find, to your sorrow, that the arbitrator refuses to find a grievance untimely but instead wants to reach the merits of the grievance. However, the union will have to cite contract language or past practice in order to prevail at arbitration. Their case does not look particularly strong. What they want is very clear. The grievant wants to be paid for not working. The union hopes you will agree to pay the overtime because it is so much cheaper than going to arbitration. As an aside, I inserted this language in our grievance procedure after the time limits. "If a grievance is not reduced to writing or if a decision at any step is not appealed to the next step of the procedure within the time limit specified, the grievance will be deemed to be discontinued and further appeal under this agreement shall be barred. It is not within the authority of any arbitrator to set aside such time limits."
  • Our attorney has told us repeatedly, that while we'd like to adhere strictly to the deadlines, most arbitrators don't care about missing the deadline, especially if it's over a couple of days. Our attorney told us always to have a strong enough case that we would win whether or not we won on the deadline issue. As frustrating as it is, our attorney has us believing that we need to continue processing the grievance stating that "We believe they missed the deadlines and in addition, it is not warranted because... whatever the issue is.
Sign In or Register to comment.