A print copy of this document is available here.

 

What is and isn’t a grievance?

 

A steward is likely to hear from workers on every aspect of working conditions from comments like “I can’t work with people with an attitude” to problems of favoritism, job discrimination, or hazardous work assignments.  A steward must act in the role of preliminary arbitrator on such matters, and that takes real leadership.  In many cases, the steward has to decide what the union has the duty to take up a legitimate grievance and what the union does not have a duty to pursue.

 

If you can answer yes to any of the following questions, there is most likely merit to the workers complaint and it can be properly called a grievance.

 

  1. Has the contract been violated?
  2. Has there been a violation of federal, state or local labor law?
  3. Has there been a violation of past practice?
  4. Is it a violation of management’s rules?
  5. Is it a violation of an arbitrator’s decision?
  6. Has the workers’ health or safety been jeopardized?
  7. Has the workers’ professional license been jeopardized?

 

If the case is borderline, the steward should tell the worker that there is some question about the grievability and that he/she will consult with a Union Representative before proceeding.

 

There is nothing wrong with not knowing everything.  Stewards should not go out on a limb promising victory where you may not be able to deliver.  Rash promises hurt your credibility and label you unreliable.

 

When is a Worksite Problem Not a Grievance

 

  1. Management had just cause to take disciplinary action
  2. There has been no violation of the contract.
  3. There has been no violation of federal, state or local labor law.
  4. There been no violation of past practice.
  5. There is no violation of management’s rules.
  6. There is no violation of an arbitrator’s decision.
  7. The workers’ health or safety has not been jeopardized.
  8. The worker’s professional license has not been jeopardized?

 

When a worker does not have a grievance, it is the responsibility of the steward to tell the worker that his or her complaint does not qualify as a grievance.  There is a double danger in trying to make a grievance out of it:  the members are led to expect impossible results and the union’s credibility is jeopardized, with both its membership and management.

 

There different ways to approach problems at work

Should You File a Grievance . . . Or Organize A Direct Action?

 

When Should We File a Grievance?

A Checklist

  • Clear violation of the contract
  • Need to establish a paper trail
  • Need to protect grievance timelines
  • Effects only one worker, especially where discipline is involved
  • Worker is widely unpopular
  • Contract interpretation cases where language is clear

 

4 Reasons to Take Direct Action to Solve Issues at Work

  • Organizing actions with our co-workers helps us win resolution quicker
  • Not every issue at work is a grievance, organizing with our co-workers is the only way to resolve some worksite issues
  • Organizing around our issues builds workers’ power. It builds solidarity and union visibility.  It sends a strong message to the boss that our rights must be respected.  When we come together as a union, a group of people acting together, we feel better about ourselves, our Union and our jobs.
  • Workers own the issue, take responsibility for solving worksite problems stop 3rd partying of the Union

 

What issues can be resolved through direct action?

A Checklist:

  • It should result in real improvement and be worthwhile. Ask the questions, Will this specific solution help alleviate the problem?  Will people see a difference?  Will people feel good that they are fighting for something that merits their efforts?
  • The issue should be widely felt. Ask the questions, How common is the problem?  How many workers face this situation?  Many people must feel that this is a real problem and must agree with the solution.
  • The results should be deeply felt. Ask the questions, Is this an issue that people feel strongly enough to do something about?  It’s not enough that many people agree about the issue, if none feel strongly about it.
  • The issue should be winnable. Ask the questions, Does this issue seem achievable?  Have other groups won similar issues, and how?  Success fosters enthusiasm, once we have one victory, it’s easier to get more help from other co-workers for future fights.
  • The issue should build the Union and the Union leadership. Ask the questions, how will this organizing effort build our member’s capacity for future fights?  How will this fight lay the groundwork for future related improvements?  Will the effort strengthen the solidarity, empowerment and involvement of our members?  By involving our membership in fights around worksite issues, we will be much more prepared to organize them around major legislative fights and ultimately our contract fight.

 

Turning Grievances into Direct Action

 

We file grievances in order to resolve problems on the job.

 

Problems with he traditional model of handling grievances

  • The worker has a problem and its only seen as a personal gripe
  • The Chief Steward, Steward and Union rep is seen as an insurance agent by the members, with the member taking the attitude that this is what they pay dues for
  • The Chief Steward, Steward and Union rep acts like an insurance agent, processing complaints and depending on their personal relationship with management
  • Chief Steward, Steward and Union rep wins on some issues in which the facts are clear, but lose on those that are open to interpretation
  • The Chief Steward, Steward and Union rep gets angry at the worker who fails to recognize the work the union has done on their behalf
  • This conflict undermines the unity and strength of the members
  • Management takes advantage of the lack of unity, fighting between members and the loss of confidence in the union, by trying to get away with more and more in the workplace
  • The Grievance process take time – Often grievances take too long. Management may not meet in a timely manner or they may not intend to resolve legitimate grievances and as a result, members view the union as week and unable to address problems on the job
  • Grievances take issues away from workers, and give them to management to decide. Or, grievances may end up in front of a non-connected third party where we give up any power over how the grievance will be resolved
  • Not every injustice is a contract violation but the issues are still important, and we need a way to resolve them
  • The member is not part of the fight so they don’t understand what it takes to win
  • When there is a grievance, the Chief Steward, Steward or Union Rep meets with management alone or behind closed doors leaving the impression that the union and management are one, or that the Union is not on their side
  • When management stonewalls on legitimate grievances, or when we lose grievances, members blame the union, not management

 

When Should We File a Grievance?

  • Clear violation of the contract
  • Need to establish a paper trail
  • Need to protect grievance timelines
  • Effects only one worker, especially where discipline is involved
  • Worker is widely unpopular
  • Contract interpretation cases where language is clear

 

 

 

There is a different way to approach problems at work:

Taking Direct Action to Strengthen our Union

 

The Direct Action Approach to handling grievances

  • When we organize our members and involve them in worksite fights, they understand that worker problems are not personal, but part of the bigger conflict that exists between management and workers
  • The Chief Steward, Steward or Union rep is seen as someone who can help build the collective power of the worksite. Workers come to understand that only by sticking together can they enforce the contract.
  • The Chief Steward, Steward and Union rep act as organizers and figure out whom else is affected by a worksite problem, and how to act collectively to solve it. Understands the need to be united in the workplace.
  • Backed by an educated and organized workplace, the Chief Steward, Steward and Union rep will try to resolve the problem without a formal grievance. The idea is to convince management that they can’t screw with a united, organized workplace if they care about their service.
  • If the workers lose the grievance, the blame is on management. It should lead to further efforts to take away power from the bosses, either by changing the contract, doing a better job of organizing the worksite, or figuring out new ways to informally control the work site.  When workers win, victories should be viewed as collective victories.
  • The Chief Steward, Steward or Union rep gets support from workers who, because they were in the fight and they take away a deeper understanding of the power dynamic between management and workers and a deeper commitment to the struggle.
  • The more we are united, and the greater the collective understanding and action, management is less able to get away with dividing us and intimidating and harassing members.

 

4 Reasons to Take Direct Action to Solve Issues at Work

  • Organizing actions with our co-workers helps us win resolution quicker
  • Not every issue at work is a grievance, organizing with our co-workers is the only way to resolve some worksite issues
  • Organizing around our issues builds workers’ power. It builds solidarity and union visibility.  It sends a strong message to the boss that our rights must be respected.  When we come together as a union, a group of people acting together, we feel better about ourselves, our Union and our jobs.
  • Workers own the issue, take responsibility for solving worksite problems stop 3rd partying of the Union

 

What issues can be resolved through direct action?

A Checklist:

  • It should result in real improvement and be worthwhile. Ask the questions, Will this specific solution help alleviate the problem?  Will people see a difference?  Will people feel good that they are fighting for something that merits their efforts?
  • The issue should be widely felt. Ask the questions, How common is the problem?  How many workers face this situation?  Many people must feel that this is a real problem and must agree with the solution.
  • The results should be deeply felt. Ask the questions, Is this an issue that people feel strongly enough to do something about?  It’s not enough that many people agree about the issue, if none feel strongly about it.
  • The issue should be winnable. Ask the questions, Does this issue seem achievable?  Have other groups won similar issues, and how?  Success fosters enthusiasm, once we have one victory, it’s easier to get more help from other co-workers for future fights.
  • The issue should build the Union and the Union leadership. Ask the questions, how will this organizing effort build our member’s capacity for future fights?  How will this fight lay the groundwork for future related improvements?  Will the effort strengthen the solidarity, empowerment and involvement of our members?  By involving our membership in fights around worksite issues, we will be much more prepared to organize them around major legislative fights and ultimately our contract fight.

 

What Makes a Good Action?

  • It is simple
  • It is visible
  • Action is within the workers’ experience, outside the boss’ experience
  • It is timed for the best effect
  • It should build on past actions, to show escalation
  • It should test our members’ willingness to go further (more escalation)
  • It should unify the members
  • It should be related to the issue we’re fighting over
  • It should target the right target
  • It should be fun!
  • Develops the Union

 

How to Take Direct Action

  • Circulate a petition or open letter and get a majority of employees to sign
  • Wear a Union Button or Sticker
  • Organize a Unity Break
  • Filing a complaint or reporting the employer to regulatory agencies
  • Participate in a delegation to the boss
  • Participate in a delegation to the County Commissioners or other elected officials
  • Participate in an informational picket
  • Participate in a march around the workplace
  • March around the County Commissioner offices, Government Center

 

Defining a Win

  • Members’ Expectations have been raised about what is possible when workers organize
  • New leaders are identified and become active
  • New members are signed up
  • Members more united as a result of the direct action
  • Members take ownership of worksite problem
  • Members view the union in a new light

 

 

Checklist for Choosing an Issue

A good Issue for Direct Action is one that matches most of these criteria. The issue should:

 

  • Result in real improvement and be worthwhile. Will this specific solution help fix the problem? Will people see a difference? Will people feel good that they are fighting for something that merits the effort?

 

  • Be widely felt. How common is the problem? How many workers face the situation? Many people must feel that this is a real problem and must agree with the solution.

 

  • Be deeply felt. Is this an issue people feel strongly enough about that they will work on it? It is not enough that many people agree about the issue if none feel strongly.

 

  • Be winnable. Does the goal seem achievable? Do you know other groups that have won similar issues? How did they do it? Success fosters enthusiasm. Once you have solved the easier issues you may get more help from other co-workers to help tackle the more difficult ones in the future.

 

  • Be consistent with long-term goals and direction. How will this solution lay the groundwork for future related improvements? Does it fit with your goals for your next contract campaign, for example?

 

  • Build the Union and build Leadership. How will this organizing effort build workers’ capacity for future fights? How will the effort strengthen the solidarity, empowerment, and involvement among members?

 

Direct Action Planning Form

 

  1. What is your issue? (Explain it simply and clearly both in terms of it’s effect on workers and our clients and/or the community)

 

______________________________________________________________________________

 

______________________________________________________________________________

 

______________________________________________________________________________

 

  1. What is your demand? (What will fix the problem? State it clearly and simply.)

 

______________________________________________________________________________

 

______________________________________________________________________________

 

______________________________________________________________________________

 

  1. Who can meet your demands? (Who in management has the authority to resolve the problem? Is there more than one person involved?). This is the target of your direct action campaign.

 

______________________________________________________________________________

 

______________________________________________________________________________

 

______________________________________________________________________________

 

  1. What is the plan for uniting workers and demonstrating that unity to move management to meet the demand? (What will you do to influence your target? How will you unify people to take action? How will you prepare your coworkers for the action?)

 

______________________________________________________________________________

 

______________________________________________________________________________

 

______________________________________________________________________________

 

  1. How will you escalate if your target says no? A strategy is a collection of actions that escalate from easy, low-pressure tactics to more intense confrontation. What will you do next if one action doesn’t work?

 

  1. ________________________________________________________________________

 

  1. ________________________________________________________________________

 

  1. ________________________________________________________________________

 

  1. What are your strengths? (Good leaders, contract language, the law, public cares about this issue, unity)

______________________________________________________________________________

 

______________________________________________________________________________

 

______________________________________________________________________________

 

  1. What will your challenges be? And what is your plan to overcome those challenges?

 

______________________________________________________________________________

 

______________________________________________________________________________

 

______________________________________________________________________________

 

  1. How will you involve and communicate with your co-workers? What communication system will you use: phone trees, meetings, one-on-one conversations, newsletters?

 

______________________________________________________________________________

 

______________________________________________________________________________

 

______________________________________________________________________________

 

  1. How will you check in to evaluate your progress toward fixing the problem? Are the actions going well? Did you involve the members you wanted to recruit? Did you achieve your goals? What are the next steps?

 

______________________________________________________________________________

 

______________________________________________________________________________

 

______________________________________________________________________________

 

  1. How will you put your plan into action? What are your next steps in the next 2 weeks?

 

  1. ________________________________________________________________________

 

  1. ________________________________________________________________________

 

  1. ________________________________________________________________________