| Shop Steward Resources Fourm |
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We are pleased to announce a new feature for the Teamsters Local 391 Website. If you are a registered Shop Steward you have access to the new Shop Steward Resources Forum.
After you sign in you will see a gold banner under the video on the home page. Just click on the forum button and you can post what's on your mind and what's going on at your barn.
This also gives you access to other Shop Stewards at 391 for you to network with.
So if you know of a Steward that hasn't signed up, let them know what we've got going on at the new Teamsters Local 391 Website.
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| Investigation Checklist |
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Nothing substitutes for a thorough and proper investigation of the facts. This checklist will assist you in completing a good grievance investigation.
- Interview grievant. Listen Carefully to his/her story.
- Have grievant write his/her rebuttal to discipline (if appropriate).
- Interview grievant's co-workers.
- Interview witnesses and management. Get the 6 W's. Get a written, signed statement from witnesses.
- Keep written records of all interviews.
- Request copy of personnel file (if a disciplinary grievance).
- Request any other management records needed (personnel policies, payroll records, seniority list, attendance records, etc).
- Determine if the problem affects others in the workplace.
- Determine if filing a grievance is the best strategy for solving the problem.
- Check previous grievance settlements for precedents.
- Check the experience of other stewards in similar cases.
- Seek advice, if needed, from Chief Steward or Business Agent.
- Review the case with the grievant.
- Anticipate and prepare for management's arguments.
- Outline your presentation in writing.
- Inform other workers about the issue and organize support activities for the grievance, if appropriate or if it's a group grievance.
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| On the Road With Teamster Stewards |
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Teamster stewards need to follow a specific procedure with respect to addressing issues on the job. The most important thing a steward can do is make himself/herself available to the members. Good listening skills save time and clarify issues at hand.
We encourage you to work closely with your fellow stewards, officers and business agents on ways to be effective advocates for Teamster members and their families.
Here's a quick guide for Teamsters stewards who need to follow some guidelines as they listen to their members, investigate problems and concerns and raise matters with management.
Investigation Highway
1. Get who, what, where, when, and why of the problem. Be aware of time limits.
2. Interview the grievant and spot which contract clauses may have been violated.
3. Interview the witnesses and get the relevant documents.
4. Re-evaluate the work problem after your investigation.
5. Discuss the strengths and weaknesses of the case with the member.
No Way Bypass
1. If the work problem is not grievable explain and discuss why with the grievant.
2. Discuss alternative ways to resolve the problem.
Put it in Writing Road
1. Write a simple, factual, brief description of the grounds for the grievance. It should answer clearly "What Happened?"
2. Cite contract articles violated and add "and all other relevant contract articles and rules."
3. Ask for a remedy and include, "and all other benefits to which the grievant is entitled."
4. Watch for opportunities to file group grievances, policy grievances, or union grievances.
Head Them off at the Pass
1. Cite every provision of the contract which may have been violated.
2. The Employer must have "just cause" for disciplinary action.
3. Upon request, a member is entitled to your presence at a management investigatory interview that could lead to discipline.
4. You have a Duty of Fair Representation.
Settlement Street
1. Find out management’s position.
2. Explore settlements (see Partnership Parkway).
3. Discuss the strength of the case and next steps with the member.
4. If an informal settlement is not reached, tell management a written grievance may be filed.
Partnership Parkway
1. Never settle a grievance without consulting the grievant.
2. Always get a grievance settlement in writing.
3. Don’t miss a time limit while waiting for a settlement.
4. Be aware of any precedents you may be setting.
Presenting Avenue
1. Follow the contractual time limits at each step of the grievance process.
2. Never present the grievance without the grievant being there.
3. Keep copies of the grievance at each step and each written response. Keep notes of management’s statements in grievance meetings.
4. You have a protected right to vigorously represent members.
5. If employees want to handle their own grievances, the employer must notify you; you have a right to be present, and the adjustment must be consistent with the contract.
End of the Road
1. Investigate every grievance as if it might go to arbitration.
2. Learn about arbitrators standards — check grievance guides and previous decisions.
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| The 6 W's |
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WHO was involved in the incident? Be sure you can properly identify not only who was involved, but also any witnesses to the incident. Obtain names, identification, clock numbers, departments, shift, rate, seniority, etc.
WHEN did it happen? Identify the incident as specifically as possible time, date, shift, overtime or regular time, etc.
WHERE did it happen? Locate the area of the facility by department or zone. If machinery is involved, identify it by serial number. This is especially important in the case of health and safety grievances.
WHAT kind of settlement do we want? What does the grievant want? What is needed to restore the worker to the same position if the injustice had not occurred? For example, if an employee was discharged, the demands for settlement may be reinstatement with back pay and benefits.
WHY is this incident a grievance? If the Union allowed allegation is that the contract has been violated, request that they state the specific clause and indicate how Management's action or inaction violates the contract. Some unions may not always want to cite the exact section of the contract. When they are too specific they may limit their area of argument. It is possible that either a state or federal labor law may have been violated. Review your contractual definition of a grievance. An employee may have a legitimate problem, which is not covered by the grievance procedure and should be resolved in another forum.
WITNESSES Where there any witnesses? Reach out to the individuals who may have seen or heard what took place.
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Page Last Updated: Nov 20, 2008 (09:30:00)
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