GRIEVANCE PROCEDURE


Many employers have a grievance procedure included in the employee handbook. Sometimes it is known by other names, such as "open-door policy", "problem resolution procedure" or the like. Most of these procedures have time limits on filing. You should study the whole employee handbook. Learn who you should file the grievance with in each step. Check to see if there is a special form to use and what time limits apply to each step(if any).

We have found that most foremen or supervisors really don't like grievances. In many cases the front-line supervisor will want to resolve the matter rather than have the matter go to the next step(the supervisor's actions come under scrutiny if the grievance goes further).

TIPS:

Make the grievance a group effort if possible

Make it neat

Type it out whenever possible

As you are drafting the grievance:

Then:

If the grievance is not resolved in the first step
be sure to take the matter to the second and third steps if necessary.
 If a grievance meeting is to be held be sure you are prepared.
Ask that the meeting be scheduled at a time when it is convenient for you.
Get your presentation in order.
If you can, create a formal written presentation
to hand to the employer's representative.
Create subtitles in the presentation such as:
The History of The Problem
The Problem and the Remedy


Remember: this is your opportunity to bring the problem to your boss's supervisor
so again, be constructive.

At the meeting be careful that you keep your cool. When we get angry or emotional we lose our ability to think and respond. If you feel you are getting angry or emotional, concentrate on something. Look at the other person's nose. Everyone has a funny nose. Take notes during the meeting. Ask the employer to slow down or repeat something so you can get it down. DON'T let the employer take over the meeting. If your employer keeps talking, ask him or her to stop while you catch up on your notes.

THE DEPARTMENT MEETING


We have helped many workers use the monthly employee meeting as a means of addressing a specific problem. As is the case of most of these meetings, the boss will come in with some items that he or she wishes to address. Usually the workers are not given a chance to bring up problems, or if they are, the boss will cut the meeting short. We have helped groups of workers learn how they can take over these meetings to address the true workplace issues. It should be pointed out that it is a protected concerted activity under the National Labor Relations Act when a worker speaks about a work problem during a group meeting.


Get together after work with a group of your co-workers. Make a list of the major problems along with your ideas of the solution. We again suggest that you create a written presentation. Practice on how you will take over the meeting. Have someone play the boss. Decide on what part of the meeting you will make your presentation. Decide who will speak and what each is to say. Have a couple run-throughs.

At the meeting ask the boss to have a seat. Explain that the workers have some matters to discuss.

Stick with your resolve.
Don't be intimidated.
Present the written document.

Each person should speak up and explain part of the presentation. When the meeting ends, let the boss know that you expect a follow-up on each matter by the next meeting.

You should be aware that the boss will try to divide and conquer. Remember that your strength is a united group. Keep good notes of everything that happens. Get together with your group after work and touch base on what is happening. Again, remember that what you are doing is protected by federal law.


A LETTER TO THE FRONT OFFICE


If your employer doesn't have a grievance procedure or regular employee meetings, you can still bring a problem to the attention of the front office. It is suggested that you do this as a concerted effort. We have found that this method works best as a group action.

A group of workers from one of our largest employers followed the very same process as is set out above, but delivered a group letter to the company headquarters instead of at a meeting. It wasn't long before the top management was out on the floor of the plant resolving the problems addressed in the group letter.

You will have to decide if you want to give the boss a chance to resolve the problems before the letter is sent. This works in some places. Let the boss read a copy of the letter. Let the boss know that if things aren't resolved in five days the letter will be sent. This activity is protected by the National Labor Relations Act if two or more employees are participating.

OTHER GROUP ACTIONS


Workers everywhere have come up with some effective ways to get the word to the boss that things must change. A group of workers purchased an ad in the local newspaper wherin they explained a serious problem in the workplace. The next day the president of the company came to the plant and met with each department. The boss (who created the problem) was let go. You can make stickers and put them on your hat or your shirt, advertising the problem. A group of workers who were faced with mandatory overtime wore stickers and badges with a red line through the word "OVERTIME." After a quick tour through the plant to count the stickers and badges, management dropped the policy.

Another group of plastics workers from Massachusetts put signs in the windows of their cars in the parking lot. The employer did not like it, but knew that the workers were exercising a legal right. Again, you must be acting with at least one other person. You must be addressing a work-related problem involving wages, hours, working conditions or conditions of employment. You will lose your protection if you use vile language OR if you are misrepresenting facts.

UNFAIR LABOR PRACTICES


If the employer tries to interfere with your use of any of the above tactics you have the right to file an Unfair Labor Practice charge with the National Labor Relations Board. If you have kept good records, your chore will be easy. The N.L.R.B. representative will help you draft the charges. Once filed, you should send the employer a copy of the charge by certified mail, return receipt requested. The investigator from the N.L.R.B. will take a statement from you and your witnesses. After the investigator takes the employer's statement, the matter is considered by a committee at the Regional office of the N.L.R.B. who will decide if the charge has merit. If so, the employer will be given a chance to settle the matter or else the federal government will take the employer to trial.

The employer cannot interfere with your concerted activities by threatening you, discharging you, changing your hours, wages, duties or location of your employment.

Employers have been found to have violated the law by telling workers that they cannot discuss wages or unions, by posting rules against passing out literature on company property, by telling workers that they cannot take problems to an outside source, or by moving workers to different shifts or workplaces so as to break up a group of complaining employees.

If it is found that the employer acted unlawfully, the N.L.R.B. will order reinstatement along with back pay plus interest. The employer will be ordered not to interfere with the worker's rights and to post a big notice to the workers setting out what the worker's rights are and what corrective steps the employer will take.

UNIONS AND IN-HOUSE ORGANIZATIONS


One of the best ways to resolve your work problems is to exercise your legal right to form your own union or in-house organizations. With an existing labor union you will usually obtain the services of a trained and experienced representative who can help you attack your current problems and help keep more problems from developing. If you feel you need help in resolving your problems, call some of the unions in your phone book.

Be sure to check the union out. Not all unions are good. Some workers find that they are trading one problem for another.

Check to see if the rank and file members have a part in the operations of the union.
Check to see how much the dues are, and how they are spent.
Check to see what resources are provided such as education, legal, etc.



You have the right to form your own in-house organization. Your efforts are protected by the provisions of the National Labor Relations Act. Your organization can be certified by the N.L.R.B. which would require your employer to recognize the organization and treat it as a formal union. An informal union is a valuable asset to insure worker's rights.