It's not something that has happened once or twice or that as been in place for a week. Past practice is roughly defined as a practice that has been repeated over a period of time. Most new shop stewards rely on the concept of past practice far too often. In almost every case, contract language or employer practices cannot violate the law.Īlso, there is the issue of past practice. But it is probably the strongest leg you have to stand on.Ī grievance may exist if the company or employer violates the law. Is the contract the only means to resolve member's grievances? Of course not. Many local officers have surprised themselves by grieving issues on language in the agreement which is close enough to the problem to get a positive response from management. That is why it is so critical to know your agreement and use it as creatively as possible to write grievances. The contract provides us with the strongest ammunition in resolving the issue for our member. So for all practical purposes, every union officer must go back to the contract first when a member comes in with a complaint or a problem. The employer knows that if all else fails, it is the contract that protects our members. If you have any doubts as to the contract's importance on this fundamental issue, think about how your employer tries to chip away at the contract- not just at contract negotiations, but every day. In seeing a grievance in this way, we can understand better that the best place to look for a way to defend the member is in the language of the contract. So let's develop this definition a bit further.Ī grievance is more than likely a violation of an employee's rights on the job, a right that is usually, but not always defined by the contract. But, as we all know, textbooks are not the final word on anything. That's a pretty narrow definition of a grievance and one with which most union representatives might feel uncomfortable. The textbook definition of a grievance is a violation of the terms of the contract or interpretation or application of the contract. Strategically, we are asking is there any way we can deal with the issue through the official grievance network? The first question we need to ask ourselves when a member comes to the steward with a problem is, "is this issue a grievance?" According to one survey, some 91 percent of surveyed union contracts include a grievance procedure. To enforce the contract, the union negotiates a grievance procedure which is the chief way, but not the only way, we can get justice for our members. That is a right we demand as a union when we organize workers. Shop stewards and local union officers are vested with the responsibility of enforcing the contract for everyone in the bargaining unit. If you respond immediately, in the affirmative, better read further.
They spell out an incident, an event, or a problem and then tell you to file their grievance.
Too often, a shop steward does not know the answer to this basic question.
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