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How to Write a Grievance
Understand What Constitutes a Grievance:
A grievance is a formal complaint by an employee or the union against management, typically involving:
Violations of the Collective Bargaining Agreement (CBA)
Violations of federal, state, or local law
Unfair or disparate treatment
Unsafe working conditions or breaches of company policies
Any other issue that affects the terms and conditions of employment
Determine if There is a Grievance:
Ask the following questions:
Did the company violate the contract?
Has the worker’s health or safety been jeopardized?
Has the worker been treated unfairly?
Has the company violated state or federal law?
If the answer to any of these questions is "Yes," you likely have a grievance.
Gather All Relevant Facts (The 5 Ws + 1):
Why: Why is this a grievance? (Is it a violation of the contract, law, or company policy?)
Who: Who are the people involved? (Names, roles, contact information)
Where: Where did the incident occur? (Department, location, specific area)
When: When did the incident occur? (Date, time, shift)
What: What does the union seek as a resolution? (Back pay, promotion, policy change, etc.)
Additional Information: Gather any supporting evidence, such as witness statements, documents, photos, or past practices.
Use the Grievance Form and Fact Sheet:
Grievance Form:
Fill in details such as the employee's name, address, shift, supervisor, and department.
Clearly state the nature of the grievance: Describe what happened and why it violates the contract, law, or policy.
Identify which sections of the contract or laws have been violated.
Indicate the desired settlement or resolution.
Ensure both the employee and the steward sign the form.
Fact Sheet:
Provide a detailed account of the incident from the grievant's perspective.
Record the foreman's version of events, if applicable.
List any witnesses and their statements.
Note any other relevant facts that support the grievance.
Draft the Grievance Statement:
Be Clear and Concise:
Clearly identify the grievant by name, seniority date, and department.
Avoid personal opinions; focus on facts and contract terms.
Use phrases like "It is the union’s position that…" rather than "I think…" to maintain objectivity.
Include All Relevant Information:
State the specific contract or policy violations.
Provide supporting evidence, such as previous arbitration decisions, past practices, or other documentation.
Request a Specific Remedy:
Clearly state what outcome or remedy is being requested (e.g., back pay, reinstatement, policy changes).
Submit the Grievance:
Timely Submission:
Ensure the grievance form is completed and submitted to Human Resources within the time limits specified in the contract.
Make copies of all documents, including the grievance form and fact sheet, for the union board, the grievant, and the union steward.
Follow Up:
Keep communication open between the grievant, steward, and union representatives.
Track the grievance's progress through each step of the grievance procedure.
Present the Grievance:
Be Prepared:
Organize all evidence and documentation before presenting to management.
Present facts, not opinions. Clearly outline the contract violations and desired remedy.
Remain Professional:
Avoid emotional arguments or confrontational behavior. Focus on the facts and the contract.
Example of Writing a Grievance:
Scenario: Jane Smith, an employee with ten years of seniority, was denied overtime on Saturday due to her low seniority, while another worker with less seniority was allowed to work at straight time, displacing Jane.
Grievance Statement: Grievant: Jane Smith (Seniority Date: 01/15/2014, Department: Assembly Line)
Statement of Grievance: "It is the union's position that the company violated Article 6, Section 3 of the Collective Bargaining Agreement, which specifies that overtime shall be assigned based on seniority. On [Date], Jane Smith, a senior employee, was denied overtime while a less senior employee was allowed to work at straight time, directly violating the CBA's provisions on seniority rights."
Requested Remedy: "The union requests that Jane Smith be compensated for the overtime hours she was entitled to work and that the company cease the practice of bypassing senior employees for overtime opportunities."
How to properly fill out your grievance form
Name: Donald Trump
Clock #: 6666
Date: 9/8/2024
Address: 123 Future White House St
City, State, Zip: Washington, Maryland, 12345
When did the grievance occur? Date (on or about) ______ (this should be the date of the occurrence, aka the Missed Overtime, Write Up, Accident, Violation or Rules, etc...) Time:______ (If this was overtime please list the times that your missed, or if this was an accident please list the time of the accident).
Article (S)_4_8______ (please place the articles here of the CBA that have been violated.
Statement of Grievance: On or About ... September 5, 2024, the company violated Article [8], Section [7] of the CBA by awarding overtime to a junior employee, Joseph Biden 7777, instead of awarding the opportunity to me, Donald Trump 6666, who has greater seniority.
Settlement Desired: Employee to be made whole, up to and including but not limited too... The union requests that Donald Trump 6666, be compensated for the missed overtime hours that were improperly assigned to the junior employee Joe Biden 7777, and that the company adhere to the seniority rights for all future overtime assignments in accordance with the CBA.
Contract Violation Article:__4,_8__ Section:__11,_7_ Page:_____
Please make sure to sign your grievance, while the Union Steward Signs also. The Supervisors Signature is required also. The company has a right to refuse incomplete or incorrectly filed grievances.
It is recommended that the Union Steward is to Write the Grievance out and the Grievant Sign the Grievance.
Who Should Write the Grievance:
Union Steward:
The union steward is usually the person who writes the grievance. They are responsible for:
Gathering all the relevant facts and evidence.
Ensuring that the grievance is clearly articulated and aligns with the Collective Bargaining Agreement (CBA).
Assisting the employee in understanding their rights and the grievance process.
Filling out the grievance form with all necessary details, including the nature of the grievance, the violated articles/sections, and the desired remedy.
Union Representative:
In some cases, a designated union representative, such as a member of the grievance committee or a union officer, may write the grievance, especially if it involves complex issues or significant contractual interpretations.
This representative may assist the steward in drafting the grievance, ensuring that it meets all procedural requirements and accurately reflects the union's position.
Employee Assistance:
While the steward or representative usually writes the grievance, the employee (grievant) plays a crucial role by providing all relevant information and supporting documents.
The employee may also review the grievance statement before it is submitted to ensure it accurately reflects their concerns and desired outcomes.
Presenting the Grievance at a Step Meeting:
During a step meeting (often Step 1 or Step 2 in the grievance process), the union steward or the designated union representative presents the written grievance to the company's management.
The steward or representative will:
Clearly articulate the facts of the grievance.
Reference the specific articles and sections of the CBA that have been violated.
Outline the requested remedy or resolution.
Answer any questions from management and negotiate on behalf of the employee.
Key Points:
Union Stewards are generally trained in the grievance process and understand the contract, making them well-equipped to draft and present grievances.
Union Representatives may become involved in writing or presenting grievances if they require higher-level intervention or legal interpretation.
The Employee (grievant) provides crucial input and evidence to support the grievance, but the union steward or representative usually takes the lead in drafting and presenting it to management.
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