United Steel Workers Local 6166
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Steel Gauntlet OnlineNovember, 2009
ASK A STEWARD
What is a Grievance?
By Dan Dnistransky

A Grievance is where one party's action or lack of action caused a violation of the rights of an individual or group, as provided in the Collective Bargaining Agreement, a law or other established practice. The key words here are: "A violation of."

Therefore, we have to ask ourselves, does it violate:

The Collective Agreement.
Federal or provincial law.
Human Rights.
Workers Compensation.
Health and Safety.
Past practice.
The employee's individual rights, for example:
Privacy, freedom from discrimination, etc.

Stage I

So, in the course of your day you find the Company has violated the Collective Bargaining Agreement. What do you do?

First of all, I would strongly urge getting a Union Steward to assist you and try to find a resolve to the violation. A certain number of grievances can be resolved if the Company and the Union can sit down and DO THE RIGHT THING.

However, if the grievance is unable to be resolved, the Grievor, provided it is done within 14 days worked, immediately following the occurrence of the circumstances giving rise to the grievance, can by himself/herself or accompanied by a Union Steward file Stage I with the Frontline Supervisor. This is done verbally or in writing.

The Company has 3 work days, excluding the Grievor and the Company representative regular days off, to give the Grievor a decision on the grievance. If the answer is "Yes", the Company agrees and will resolve the grievance, if "No", the Grievor has no justifiable grievance.

PLEASE NOTE: It is highly recommended all employees use a Union Steward when filing Grievances. This method ensures there is a second person present when filing for Stage I and at that point, the USW 6166 Fact sheet can be filled out immediately.

Stage II

At this point, the Union Steward will fill out a Fact sheet and file for 2nd Stage. When the Company gives the Grievor an unsatisfactory answer at Stage I, the Union has 7 days to file, in writing, a request for a Second Stage meeting. The meeting will take place within 14 days of the date from which it was requested.

At this meeting, the Grievor is present and will have the opportunity to speak on the issue. Up to 3 Union Stewards are selected by the Conflict Resolution Coordinator to represent the Grievor. On the Company side, a Human Resources representative, as well as additional Company representatives are selected, as they deem necessary, in order to resolve the issue. The whole purpose of the meeting is to resolve the issue(s) brought forward. The Company has 7 days from the date of the Stage II Meeting to make a decision, in writing, on the outcome of the meeting, whether or not the grievance is resolved.

Stage III

If, after receiving a negative answer from the Company from the Stage II meeting, the Union will, within 7 days, file for a Stage III Meeting, which will be held within 7 days of the Company receiving a Stage III meeting request from the Union.

Once again, the whole point of the meeting is to try and get a resolve to the issue. Unlike Stage II, the Grievor usually does not attend, unless he has been requested to by either the Union or the Company. At the end of the meeting, the Company, again, has 7 days to submit to the Union their decision in writing.

If the answer at Stage III to the Grievor is negative and he/she does not have a justifiable grievance, the Grievance will go to the Grievance Committee’s monthly meeting for review and recommendation.

NOTE: Saturdays, Sundays and General holidays will not be counted in determining the time in which any action is to be taken in each of the Stages I to III.

Next issue: The Grievance Committee, Mediation and Arbitration.

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