IBEW The IBEW Grievance Process with TVA

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IBEWThe IBEW Grievance Process with TVA
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DFR Guidelines

• Consider all grievances solely on their merits.
• You may not refuse to process a grievance because
  you do not like the grievant.
• Investigate any grievance thoroughly.
• Process the grievance promptly and do not miss
  any time limits.

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DFR Guidelines (contd)

• Take notes and keep written records.
• Keep the grievant informed.
• Treat all members of the bargaining unit the
  same.
• Non-discrimination.
• Have a valid reason for any action taken on a
  grievance.

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• The IBEW Steward and the Grievance

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KEY POINTS

• Definition of a Grievance.
• The Grievance Procedure.
• The Five Ws.
• Proper Investigation Techniques.
• Tests for Just Cause.
• Writing Up the Grievance.
• Presenting the Grievance.
• What Is Arbitration?

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A grievance is a violationof a workers rights.
Define a Grievance
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• It is a violation of the contract?
• It is a violation of federal, state or local law?
• It is a violation of past practice, written or
  unwritten?
• It is a violation of management responsibility?
• It is a violation of management rules?

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Purposes of the grievance procedure are

• To settle disputes that arise during the life of
  the contract.
• To establish an orderly manner for handling
  disputes.
• To assure every worker there is a mechanism for
  resolving grievances.

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• To present grievances in a united manner.
• To establish rules in the workplace which allow
  either side the right of appeal until a final and
  binding decision is reached.

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THE 5 WS

• WHO
• WHAT
• WHERE
• WHEN
• WHY

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WHOA!
Double check to make sure you have all the facts.
AND WRITE THEM DOWN!
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• What is the quality of the information received?
• Is the information available useful?
• Can the information be measured?
• Is the meaning of the information clear?
• Separate facts from opinions and generalities.
• Always write it down.

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JUST CAUSE

• Did the company give the employee forewarning or
  foreknowledge of the possible or probable
  disciplinary consequences of the employees
  conduct?
• Was the companys rule or managerial order
  reasonably related to the orderly, efficient, and
  safe operation of the companys business?

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• Did the company, before administering discipline
  to an employee, make an effort to discover
  whether the employee did, in fact, violate or
  disobey a rule or order of management?
• Was the companys investigation conducted fairly
  and objectively?

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• During the investigation, did the company obtain
  substantial evidence or proof that the employee
  was guilty as charged?
• Has the company applied its rules, orders, and
  penalties evenhandedly and without discrimination
  to all employees?

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• Was the degree of discipline administered by the
  company in a particular case reasonably related
  to
• The seriousness of the employees proved offense
• The employees service record with the company?

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RIGHT TO INFORMATION

• Gross wages paid and wage rates.
• Wage history of individual employees.
• Copies of daily work reports.
• Disciplinary and performance records of the
  grievant.

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• Records of discipline applied to other employees
  for similar offenses.
• Jobs available at the new plant.
• Arrangements with subcontractors performing
  maintenance work.
• Man-hours worked by subcontractors employees
  under the contract.

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• Who has the grievance?
• When did it happen?
• Where did it happen?
• What happened?
• Why is it a grievance?
• Settlement desired?

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QUESTIONS FOR PREPARATION

• Have I obtained all the facts from all parties?
• Do I have all the other information?
• Have I checked the contract, regulations and
  policies?
• Have I explained and thoroughly gone over the
  case with the grievant?

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• What questions, if any, do I want to ask of
  management?
• What points do I want to get across?
• What kind of position will management take, and
  what might be managements arguments?
• What questions might management ask?