Training Sessions - Page 8

Session 8 - Handling Grievances

Handling member’s grievances is an important part of a delegates job.

Dealing with a members grievance

Problem

o What are the facts?
o How do I go about getting all the facts?
o Is it an individual case or a broader problem?
o What are the issues?

Information

o What does the award/agreement say?
o Are there any other legal rights that apply?
o What does union policy say?
o Who can I ask for advice or information?
o What does the grievance procedure say?

Plan

o What does the member want?
o What will managements arguments be?
o What is our union's policy?
o How should I take up the issue?
o How should I involve the members?
o What are the possible options?
o What is the best option?
o Do I have agreement with the member for my plan to deal with the problem?

Note: Always think about whether a grievance situation provides an opportunity to educate and involve members.

Investigating a Grievance - What You Need to Find Out

The Five W's

Who..is involved in the grievance? Name, department, job classification and shift. Who from management is involved?

What.. is the members story? Management's position? The report of the witnesses? Collect all the facts you can.

When.. did the incident or condition occur? Give dates and times as accurately as possible.

Where.. did the grievance take place? Give the exact location, department, area etc.

Why.. is this a grievance? What has been violated award/agreement?

And last but not least

How.. to remedy? What does the member want?

Investigating a Grievance - Checklist

A good investigation will accelerate settlement. A good investigation tells you what to do - push on or drop off. A good investigation helps to build your own confidence as well as the confidence of the members in you.

The following checklist will assist you in carrying out a good grievance investigation.

• Interview the member with the grievance. Listen carefully to their story.
• Interview the witnesses and management. Get a written statement from witnesses.
• Keep written records of all interviews.
• Request a copy of the personnel file (if disciplinary).
• Request any other management records needed (personnel policies, other personnel files, payroll records etc).
• Determine if the problem affects others in the workplace
• Determine if there is an award/agreement breach.
• Determine if filing a grievance is the best strategy for solving the problem.
• Check previous grievance settlements for precedents.
• Check experiences of other Delegates in similar cases
• Seek advice, if needed from your union branch.
• Review the case with the member who has the grievance so you are prepared for the first meeting.
• Anticipate management's arguments and prepare for them.
• Outline what you will present - your strategy.

Grievance Investigation form

Date:_________________ Delegates name:___________________

Contact No's:(H)__________(work ext)_____ (mobile)____________

Deadline for filing this grievance:_____________________________

Who is involved in this grievance?

Member:

Name:___________________ Department:___________________

Address:________________________________________________

(Work)_____________(Home)____________ (mobile)____________

Classification:____________________________________________

• Full Time • Part Time • Casual

Supervisor or other management involved:

Name:____________________ Title: _________________________

Department:______________________________________________

Witnesses or other persons involved:
Name:____________________ Department_________________

Classification:____________________________________________

Name:____________________ Department_________________

Classification:____________________________________________

Name:____________________ Department_________________

Classification:____________________________________________

What Happened? What is the grievance about
(Make sure to include all points from the checklist)

When? Where did the grievance occur?
(Exact location: include diagram, sketch or photo if helpful)

Why? Why is this a grievance
(Exact location: breach of award/agreement, safety regulations etc?)

Remedy? What does the member want

Will you need records to help prove this case? Check the appropriate ones:

• Pay slips •Past grievances •Sick leave records

• Rosters •Correspondence •Personal file

• Other (list)

Additional information:

Who else is affected by this issue? Who else has had a similar problem?

To assist you at any stage of the grievance please do not hesitate to contact the ASU. Contact us to find out more about grievance handling and additional training courses that are available