Grievance Investigation
Purpose: This session will focus on proper investigation steps including documentation and communication skills.
Introduction
In the last two sessions, we’ve talked about what a grievance is and how we identify it. In this session, we will focus on how we investigate a grievance. There are two primary things you need to do when you investigate a grievance: Listen to the problem and document its occurrence.
Your investigation of a grievance begins when a co-worker first approaches you with a problem. Your listening skills are key here.
Ask the group: Why do you think listening skills are important in investigating a grievance?
Listening Test: Riddles
“How many of you think you are pretty good listeners?” Well, we’re going to do a little exercise to test your listening skills. Take out a piece of paper and number it from 1-5. Do this on your own. Okay, I’m going to read you a list of five questions all of which have short answers. Just jot your answers down on your sheet of paper. I will read each question only once. Now listen.
1. The Pittsburgh Pirates and the Cincinatti Reds play 5 baseball games. They each win three games. No ties or disputed games are involved. How come?
2. How many birthdays does the average man have? The average woman?
3. An archeologist claims he has dug up a coin that is clearly dated 46 B.C. Why is he a liar?
4. How many animals of each species did Moses take aboard the Ark with him
during the great flood?
5. Do they have a fourth of July in England?
Go over the answers for each one. Make the point that listening requires some active skills.
Listening to Others Chart the Listening to Others handout on the flip chart, consolidating the points into key points. Explain that you will hand out, Listening to Others at the end of the workshop.
1. Stop Talking (Don’t interrupt)
2. Treat the Speaker with Empathy and Respect (Don’t antagonize or stereotype; be aware of your own prejudice)
3. Concentrate on What is Being Said (don’t interrupt; look at the speaker -- use eyes and mouth; leave your emotions behind, control your anger.)4. Ask Questions for Clarification and Focus on the Main Points.
5. Evaluate Facts and Evidence
6. Avoid Making Assumptions (avoid classifying the speaker or making hasty judgements.)
7. Listen to What is Not Being Said. (Listen for personality; identify the type of reasoning; listen to how something is being said).
Steps For Investigating the Grievance Tell the group you will hand out a sheet with this information at the end of the workshop.
Regardless of what problem is being investigated, a steward should utilize the following steps:
1. Conduct an interview with the worker. Listen carefully to the worker’s statement. Document -- take notes.
2. Ask questions for clarification or additional information.
3. Interview witnesses, both union and management, that can shed litght on the problem.
4. Distinguish between fact and opinion. You win grievances on the facts presented, not on personal opinions.
5. Determine which facts are relevant to the matter under discussion.
6. Examine company records, past union grievances, and arbitrations (both won and lost) the collective bargaining agreement, and other necessary files.
While Conducting the Interview, a steward initiates fact finding through:
1. Application of the 5 Ws.
This is critical. You use the questions of who is involved, what really happened, when did it happen, where did it take place and why is this a grievance. This is important. You don’t want to give the individual the impression they have a grievance before you have fully listened to their problem and evaluated it against the contract. The sixth w is “WHOA.” Which is a reminder that in the fact finding phase, you always want to double check your facts.
2. The Documentation Process.
Why we Document.
Ask participants: Why do we need to document our fact finding? Look for responses like, “it shows we’re doing out job; you can clearly state why you have a grievance or not; it’s important for meeting our DFR responsibilities, especially if we withdraw a grievance, etc.”
A. You don’t remember everything by the time you use the information for grievance writing and presenting.
B. A written record can be used by others who may handle the grievance at a later stage, i.e., arbitration.
C. Notes help you compare conflicting accounts of the same situation.
D. Writing down information demonstrates to people that you take your job responsibilities seriously.
E. Notes can be evidence that the union has conducted an investigation should a worker later claim that the union failed to properly represent him or her.
How we document.
A. Complete complaint/grievance form. (Or carry around a reporter’s notebook.) Handout the grievance investigation form. It’s a generic form we developed for stewards. It’s an internal union document and it is NOT shared with management. It’s your notes. Don’t confuse this with your official grievance form. If you want to use it fine, if not, don’t.
B. Ask interviewee to repeat information so you can record it accurately.
C. Try to get direct quotes from interviewees. Use quotation marks to indicate notes in your notes.
D. When you finish the interview, go over your notes with the interviewee to ensure accuracy.
Questions to Ask Witnesses during the Investigation
1. The 5 w’s: who, what, when, where, and why. If the information conflicts with that provided by the complainant, ask additional questions to further clarify the witness’ statement.
2. Has the witness been invovled in meetings with management concerning this issue? If so, what was said at the meeting?
3. Has the witness discussed this matter with other employees?
4. Can the witness identify other witnesses from the company or union who have first hand knowledge of the incident?
5. DOCUMENT
6. Should a witness be reluctant to speak with you about a case, you may need to remind them that it is better to spill the truth to you no matter how bad, and have the union know it, then it is to learn the facts from the company during a grievance meeting. (It’s like being a lawyer for the defense.)
Grievance Investigation Tools
The contract. Determine which articles apply, and if there is another basis for alleging the contract violation.,
Union’s right to information controlled by management. (See handout on this for points to make.)
Evaluate Evidence Not all evidence is equally good or persausive. Close cases are often won by the party which presents witnesses or documents of higher quality than the opponent.
Therefore, a steward must look at each pice of evidence to determine which category to place the information in so as to determine the overall strength of the potential grievance case.
Types of Evidence
Direct. Provides a proposition directly through, for example, work record, conract language, eye-witness testimony.
Circumstantial: Indirect evidence from which conclusions or inferences as to the true facts of the case can be drawn. Not as persuasive ad direct evidence, but can be accorded great weight by arbitrators, especially over suspect eye-witness testimony, or in absence of direct testimony.
Hearsay: Gossip. Statements by folks who have no direct knowledge of the facts, but report what they heard from a person who is not present at the hearing. This is inferior evidence because its accuracy cannot be tested through confrontation or cross-examination.
“Obey now....Grieve later.”
Step 1. Identify the Problem
Step 2. Get all the facts — the five W’s.
Get all the facts — using the five w”s. Who is involved. (And their title). What exactly happened. When did the problem occur? Where does the problem occur? Why does the problem occur? (History of bargaining, grievances, etc...)
Step 3. What Kind of Problem is it?Contract violation? Violation of state, federal or regulatory laws? Conflic with the employer’s internal policies (personnel prcatcies, civil service regulations, etc...) Past practice violation? Violation of fair treatment? None of the aboge. Even t hough the problem does not neatly fit into one of the fisrt five catreogies does nto mean it should not be addressed. The steward should try to solve all legitimte worker complaints, invovle the members in determineg the solution and build the union through problem solving.
Once you identify which ca tegory(s) the problem falls undder, you can identify the right course of action.
Step 4. Brainstorm Solutions.
List all possible solutions. Donot evauate or limit slutions in tnsi step.
Step 5. Prioritzie Solutions. (Strategies)
Rank the solutions.
List he pro’s and cons of the top ranked solutions and discus..
Select solution/strategies
outline your plan in writing
set time tables
Step 6. What Action Will be taken? 1. Hold informal meeting with management.
Hold meeting with co-workers if appropriate File grievance if appropriate. Pay close attention to time limits.
It is the Employer’s duty to provide information under the NLRA so that the union may review management documents related to such matters as job descriptions and postings, disciplinary actions, job perfromance, and health and safety. The employer has a legal duty to provide “necessary and relevant” information. Request responses in writing.
Click on the link to view a published document instructing supervisors on the LMA and how to implament.
LMA Supervisory Guide
Steward Manual
Rights Under Family Medical Leave
Sexual Harassment
Workers Comp. Manual
EEOC Work Book
AFGE LOCAL 2650 
