UFCW 1036

 

Grievances & Arbitration

Grievances vary from terminations to wage claims, transfers to seniority rights. There are as many kinds of grievances as there are collective bargaining agreements. No two are alike. Two people can be fired for the same reason, while circumstances surrounding each termination may be quite different.

Experts rarely agree on the definition of the term ‘grievance’. A grievance is a complaint made by one party to the contract against the other when the former feels there has been a violation of the agreement.

The grievance process usually consists of several specific steps which are outlined in the union contract. Usually, they must occur within a specified time limit. Some contracts contain one or two step grievance procedures. Others are more complex.

Grievances are normally submitted by the union representative, and if no settlement is reached, may be appealed to arbitrations provided in the contract.

Once a grievance is filed, a meeting is scheduled with member(s) and the involved company. It's a means by which the parties can get together in order to settle disputes without proceeding directly to the time consuming and costly procedure of arbitration.

The importance of the relationships between the parties and the time of the meeting is as important as the facts and investigation surrounding the particular case. The essential attitude necessary for success of the procedure is the desire to resolve disputes, not win them. The ultimate goal is to settle the problem at hand and obtain an atmosphere of peaceful cooperation. Unfortunately, in this era of adversarial labor relations, settlement is often difficult. You can improve your chance of succeeding in a grievance by following these guidelines:

  1. If you think you have a grievance, contact your union representative immediately. If grievances are not filed in a timely manner, there is little that can be done. 
  2. Try to document your case by making notes of what happened and by identifying witnesses.
  3. Do not take matters into your own hands by refusing a management order even when the order is contrary to the terms of the contract. Obey the order and then submit a grievance.

Many grievances can be settled at the store level with a phone call or a visit by the union representative. When it doesn't work out, you can be assured that your complaint will be professionally handled by the knowledgeable and experienced staff of Local 1036. Each year, hundreds of members are reinstated and thousands of dollars in back pay are collected as a result of the union's actions.

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