1. PREPARING AND PURSUING A GRIEVANCE
Presented by:
Richard Rosenblatt, Esq.

2. Duty to Fairly Represent Entire Bargaining Unit
Why this Duty: Exclusive Representative
Standard: Union’s Representation not “arbitrary, discriminatory or act in bad faith”

3. What Each Term Means Arbitrary: so unreasonable as to be irrational
Discriminatory: race, gender, disability, religion, union membership
Bad Faith: fraud, dishonest or other intentionally misleading conduct

4. Duty to Fairly Represent
Obligated to file grievance?
What if individual does not want Union to pursue grievance?
What if the individual does not participate?

5. Filing A Grievance What is Included: Local Name and # Case Number
Date of Occurrence
Grievant Name
Describe dispute
Contract Sections Violated
Proposed Remedy
Union rep name and signature

6. Timeliness What does the contract require? Who has knowledge?
Steward - Agent of Union
Continuing violation?

7. Contract Violation Grievance - Violation of contract or past practice
To determine if contract violated look at the contract
Not general provision, pinpoint specific provisions

8. Contract Violation 7 Steps Rule Related to Operation
“Just Cause”
7 Steps
Rule Related to Operation
Employee Knew about Rule and Consequences
Company Conduct Full Investigation
Investigation Fair and Objective
Substantial Evidence of Guilt
Discipline Not Disparate
Discipline Related to Seriousness of Conduct

9. Contract Violation Past practice As a “provision” means
Unequivocal
Clearly enunciated and acted upon
Readily ascertainable over a reasonable period of time as a fixed and established accepted by both parties
Past practice can also be used to interpret ambiguous contract terms

10. Describing The Dispute
How to Describe the Dispute
Example: Discharge without cause
Don't put all of the facts and potential defenses

11. Remedy Discipline/Discharge "Make whole"
Obligation to mitigate if discharged
No right to punitive damages
Interest
Health insurance issues
Discharge - include reinstatement

12. Remedy Contract Interpretation Return to Status Quo Make Whole?
Think about if you win is remedy worse because of the effect on others?

13. Investigating Grievance: What Do You Do?
Review contract
Look at definition of terms
Info requests
Relevant and necessary
Research prior similar cases
Talk with other local officers re: similar prior cases

14. Investigating Grievance: Interview Witnesses
Talk with grievant
Eyewitnesses to events
Get written statements from them?
Review relevant documents

15. Grievance Meeting Objective of meeting Preparation for meeting
Try to understand the Company’s position
Settlement discussions
Preparation for meeting
Taking notes
How you conduct yourself

16. If Local Decides Not To Pursue Grievance to Next Step
Informing the grievant
What do you say?
lr opeiu30/afl-cio