YOUR JOB AS A POAM UNION OFFICER

As Union Officer, you now represent the Union, but even more important, you represent your local members in the day-to-day working relationships.

In assuming these responsibilities, you are assuming one of the most important obligations in any Union. The Union Officer has day-to-day close contact with supervisors, department heads, and fellow members. Make no mistake; the Union Officer is the cornerstone of the Union. Any Union, no matter how strong, is only as effective as its Union Officers.

The Union Officer is the front line defense against contract violations and unequal treatment by the Employer. The job requires that he/she be thoroughly prepared for the task at hand. The more thoroughly prepared a Union Officer is the easier and more effective his job will be in representing his/her constituency. Since the Union Officer is the main representative for employees at the local level, there are several basic fundamental things which he/she should know and be prepared to handle.

OBLIGATIONS

The Union Officer’s job is to see that the employer lives up to the contract and to see that his/her members receive fair and equal treatment. This is done primarily through the filing of grievances.

The Union Officer should first, and foremost, know the contract thoroughly. He/she should carry a copy of the agreement at all times. He should study it and know how it works. He/she should know how clauses within the contract have been interpreted in the past, and be aware of any rulings, awards or settlements of prior grievances and the past practices within his/her jurisdiction.
It also is recommended that the Union Officer have a copy of the pension program plus a copy of any Department Rules or Procedures.

The Union Officer should understand why grievances should be processed promptly. He/she should know and understand the time limits in filing grievances as provided in the contract, and be fully aware that promptly processed grievances are more likely to be settled favorably. A grievance which is processed promptly by the Union Officer is much more satisfactory to the grievant regardless of the outcome. On the other hand, if a grievance is unduly delayed, even if a final settlement is favorable, it will leave the employee with a bitter taste.

KEEPING INFORMED

The Union Officer must be familiar with all the employees within his/her jurisdiction, know them by name, and develop a close relationship (not necessarily personal). He/she should know what they are doing, where they are working and some of their chronic problems. It is his/her responsibility to have their names, current addresses and telephone numbers, at his/her disposal.

A Union Officer should treat all members alike, male, female, black or white; he/she has the obligation to fight equally hard for each employee.

The Union Officer also has the obligation to know the supervisor and administrator. (He/she should be able to handle them, know their weaknesses, and the best approach to be used with them.) A Union Officer should stop rumors that are injurious to the Union and cease misunderstandings within the work area. This, of course, means that he/she should have the right information as to what is the policy and position of the Union.

The Union Officer has the obligation to attend all Union meetings. This is the best source of information which is necessary for fulfilling his/her duties. Union Officers should be thoroughly familiar with the structure of the Union and how the Union operates. The Union Officer is the main source of information to the members in regard to the Union. The members will come to him/her first whenever they need to know something to do with the Union. The Union Officer should encourage the members to approach him/her with their problems. The Union Officer has to understand and promote the political programs of the Union, understand why the Union is taking action, why the Union is supporting certain positions on public issues and how this will help the individual members. One point to remember is that some Union members tend to judge their Union by everything that happens to them personally. Therefore, it is often necessary to point out the fact that the employee has a responsibility of his own; on the other hand, the Union Officer must be careful no to get in the position of just “passing the buck.”

When a Union Officer is asked a question or presented with a problem for which he doesn’t know the answer, his/her best course is to tell the member that he/she doesn’t know the answer right now, but that he/she will get the answer within a definite period of time. Then he/she must follow through with this promise. He/She does this by checking with his local Union Officials or calling the Union office.

The Union Officer has the obligation to get acquainted with all the new workers. The Union Officer is not a member of management. He/she does not have to and should not assume the duties of the supervisors. It is the administration’s job to see that the work is done. It is YOUR JOB to see that the members are treated fairly and equally within their contractual rights.

The Union Officer is in the spotlight. The other workers will look to him/her as an example. In larger part their relationship with the Union and management will be affected by the examples set by their Union Officers. Thus it is obvious the Union Officer should not accept preferential treatment because he is the Union Officer.

PROCESSING A GRIEVANCE

The main job of a Union Officer, the processing of grievances, requires the ability to dig into the facts and define the issues involved. This ability comes from experience and training, BUT in the meantime seeks help in doing the correct thing.

Your members will come to you with many complaints. You must be able to decide weather a grievance is involved or weather you can help the member in other ways.

JUST LISTENING TO COMPLAINTS, WILL HAVE A SOOTHING EFFECT ON THE EMPLOYEE

You may have to consider a grievance as a safety valve. Sometimes it is necessary to file a grievance just because of the emotion involved, even though it has little merit. On the other hand, grievances without merit should not be filed, just to get the employee off your back. Each grievance should stand on its own merits. It is bad policy to trade grievances just to get settlements. In processing grievances try to find some common ground. There may very well be several facts you can agree on with the Employer, and then proceed to try and define the issues.

Never disagree with other Union representatives in front of supervisors or department heads. DECIDE BEFOREHAND WHO WILL LEAD THE UNION’S DISCUSSION and follow the procedure. Sometimes Union leaders will disagree with each other. If this happens during a meeting, ask for a caucus and discuss the issue in private among those Union people present.

Always tell the supervisor, if you cannot receive a favorable answer, that you plan to appeal his decision. Good relationships are best maintained if he/she knows you are going to go over his head.

After a grievance hearing, think about what took place. Make written notes of the positions presented and add them to your reflections. These records will be necessary in the future and will help you better handle upcoming grievances.

The following is a summary of important considerations in filing grievances. THIS IS NOT INTENDED TO SUPERSEDE THE LABOR AGREEMENT WHICH ALWAYS CONTROLS.

WHO MAY TAKE A COMPLAINT TO MANAGEMENT

The Union Officer files a grievance, but many contracts provide that an employee may take his own complaint or grievance to his/her immediate supervisor. It is true that an employee has the right, by law, to take a grievance to his/her employer and have it adjusted, but only if the adjustment does not violate the contract and the Union is given a opportunity to be present at the adjustment.

This does not mean that an individual employee can use the grievance procedure set up by the labor contract. Grievances appealed to higher steps in the grievance procedure are processed ONLY BY THE UNION OFFICER AND THE UNION. Of course, the vast majority of grievances are begun and processed with help from the Union Officer. An employee should be discouraged from trying to process his/her own grievance since this is what Union Officers are trained for and thus will produce better results.

The majority of grievances are (and should be) settled at the informal stage. At his time the parties positions have not “hardened” and flexible solutions within the contract are more likely.

The most important part of any grievance procedure is the very beginning. The writing of the grievance and what it takes to resolve the grievance is the basic foundation. A bad foundation will prevent any settlement, or bring about a weak settlement.

REDUCING A GRIEVANCE TO WRITING

The Union strongly recommends that before any grievance is taken up with the Employer, verbally or otherwise, it should first be reduced to writing. This gives a written record. If settled at the first step, simply write “settled at Step 1”. This gives a written record for future negotiations.

If the informal step does not solve the grievance, it must be reduced to writing anyway and submitted to the next step.

Management has a set number of days to answer. The Union Officer must indicate on the grievance whether the answer is accepted or rejected. The Union Officer must take separate notes other than on the grievance form. These notes are for the information of the Union.

ARBITRATION

If the grievance is such that it should be appealed, the Union will appeal the grievance to arbitration.

Before this occurs, the Union Officer should have gathered all of the necessary facts, and local Union Officials will be required to confer with the Union to prepare the evidence and gather facts and witnesses If the grievance has been processed properly and accurate records were kept at all of the steps, you are now prepared for arbitration.

TIME LIMITS ON FILING GRIEVANCE

All grievances must be filed within a certain number of days of the event, occurrence, or knowledge of the facts giving rise to the grievance.

Therefore, as a general rule, FILE GRIEVANCES AS SOON AS POSSIBLE or at least when you are aware that a grievance exists.

Grievances must be appealed to the next step within the time limits of the management’s answer or, in some cases, within the time when his answer is due.

IF THE EMPLOYER REPRESENTATIVE DOES NOT ANSWER A GRIEVANCE WITHIN THE CONTRACT TIME LIMITS, MAKE SURE TO FILE AN APPEAL FROM THE DATE THE ANSWER WAS DUE.

Failure to do so MAY give the Employer a defense to the grievance that can result in you losing the grievance.

THE GRIEVANCE PROCEDURE

Writing up Grievances

Why write up grievances? (even before handling at verbal step)

1. Contract stipulations.

2. More effective when disposition has to be put in writing.

3. More binding. Can be referred to in event of violations.

4. Can keep written record of grievance.

5. Can be referred to for contact negotiations.

6. Disposition of written grievance can be reported to membership meetings more effectively.

7. Policies adopted would be in writing.

8. Act as supplementary agreements.

9. They become legal documents.

10. Even the most honorable person, forgets, dies, or retires…GET IT IN WRITING.

GRIEVANCE PROCEDURE (WHAT IS IT?) Its machinery set up whereby…

1. The employee can seek redress through organized channels.

2. Where grievances can be handled through an orderly process.

3. The employee can appeal against decisions.

4. The employee has the collective support of the Union when seeking justice.

6 IMPORTANT POINTS…WHEN INVESTIGATING AND WRITING UP A GRIEVANCE

6 W’s – Who..When..Where..What..Why..Whoa

1. WHO is involved in the grievance? Name(s), employee number, pension number, seniority date, work areas (don’t forget the immediate supervisor or management representative who made this a grievance).

2. WHEN did the grievance occur? On what day and at what time did the act or omission take place which created the grievance?

3. WHERE did the grievance occur? Exact location, shift assignment, location, etc.

4. WHAT happened? Detail all events surrounding the complaint.

5. WHY is this a grievance? What has been violated? Contract? Supplement? Past practice? Law? Rulings or awards? , etc. In order to have a legitimate grievance, there must be a violation of something. This directs your attention to that specific something which has been violated. Have proof of each clause referred to.

6. WHOA. Slow up and recheck all of your facts. Recheck the contract and recheck the grievance. Only after you have the above information, is the steward in a position to write up a grievance.

CONSTRUCTING THE GRIEVANCE

“10 Basic Points to Remember”

1. Always identify the grievant by name, assignment, seniority date, pension number and employee number.

2. If the grievance is a discipline case, always, obtain the employee’s previous disciplinary record.

3. If the grievance is a seniority question, (promotion, demotion, or seniority violation) always obtain all the facts relative to the employee’s qualifications such as previous experience, attendance record, etc.

4. Never say “I contend”, “it is my position”, etc. Always say “It is the Union’s position”.

5. Make sure that every statement of fact raised by management is checked thoroughly, and inform the Union of the answers.

6. When a contradiction in statements of facts exists, try to obtain information from bargaining unit employees if you are sure in your own mind that your facts are correct.

7. Get all of the facts IN WRITING no later that the date the case is presented in the first step of the grievance procedure. DO NOT ATTEMPT TO WITHOLD PERTINENT INFORMATION.

8. When possible, support your facts and contentions by using previous arbitration decisions or documented past practice.

9. Recheck your case to make sure the 6 important points have all been answered. Remember…new facts should not be injected into the case at the higher levels.

10. The POAM grievance fact sheet and POAM office grievance number. At the very same time that a grievance form is filled out, the POAM grievance fact sheet is filled out and the POAM office should be notified of the grievance. A number will be assigned by the POAM office. Use this number on all documents pertaining to the grievance. Keep in mind that this fact sheet is for POAM use only. Following is the best chronology for a fact sheet:

A. Write your statement of facts. Raise no contentions. Simply tell the story of what happened.

B. Obtain information from witnesses, copies of any notices, letters, etc., and refer to past practice and past situations. You can now write your supporting position raising the proper contentions relative to the contract, previous decisions, past practices, etc.

C. When you investigate your grievance, REMEMBER! The results of your investigations belong to the Union. Give the management representative only the facts surrounding the grievance. If it cannot be settled verbally and you have to reduce it to writing, give him/her the “grievance” but the written facts investigation you have completed is the property of the Union. They go to the Union representative at the next higher step if the grievance cannot be settled satisfactorily. If you DO settle the grievance, FILE the results of your investigation along with the grievance itself.

SOME CONSIDERATION FOR THE GRIEVANCE HEARING

A. Make sure you have a proper attitude.

B. Create the right kind of professional atmosphere.

C. Make a proper introduction of the “problem”.

D. Ask…why did management do this?...or did not do that?

E. Have management prove their “charges”.

F. Request copies of all proofs or other information that management refers to.

G. Learn to listen effectively.

H. Prepare “rebuttal” to management’s “charges” and “allegations”.

I. Present the Union’s side to prove”

A. Innocence

B. Contract violation(s)

C. Injustice

D. Management at fault

E. Penalty too severe

F. Discrimination

G. Past Practice

Give consideration to management’s viewpoint objectively. After meeting with management, investigate management’s contentions raised in the first step of the grievance procedure or discussions with supervisors. Add information to the Union fact sheet.

CLOSE THE CASE. Or, failing to resolve the case, ask for the management’s answer immediately. If the answer is negative, notify management that the Union is not satisfied with management’s answer and intends to process the grievance to the next higher step.

HANDLING GRIEVANCES WITH THE IMMEDIATE SUPERVISORS

Types of Immediate Supervisors to Consider

1. Arrogant

2. Considerate, reasonable and just

3. Honest

4. Dishonest

5. Incompetent

6. Ambitious

7. Benevolent

8. Other…

9. All the above

FACTORS IN FIRST STEP GRIEVANCE HANDLING

1. Key Person vs. Key Person. The immediate supervisor of the employee is the key person in collective bargaining, just as you are the key person in the Union (and don’t forget it). The Union is your support. Now don’t allow the employer representative to intimidate you into believing that you are a “nobody”.

2. Policy. The immediate supervisor is in a difficult middle position, between the employee and top management. He cannot make policy. Orders come down to him from higher management and whether he agrees with them or not, his/her job is to see that they are carried out.

3. Immediate Supervisor’s Area of Decision. There is a small area of decision that the immediate supervisor does make interpreting policy, and it is in this area that the Union can gain by establishing a cooperative relationship.

4. Working Relationship. The secret of successful day-to-day bargaining between the Union Officer and the immediate supervisor.

5. Equal Footing. The Union Officer should be on equal footing with the immediate supervisor when it comes to dealing on economic and contract issues.

6. Antagonism and Personal Rivalry. Develop the kind of relationship whereby the immediate supervisor is willing to cooperate with you and to handle grievances quickly and fairly. You can never realize this by going out of your way to antagonize the immediate supervisor.

7. Cooperation. Immediate supervisors come from the Union ranks, live in the same neighborhoods as other employees, and many still feel like workers rather than an Employer’s representative. Given half a chance, they will be friendly.

It is important to get along with the immediate supervisor. Sometimes it is difficult. But, keep in mind; it is your job to get along.

8. Making “Deals”. A Union Officer should never do (so-and-so) if the boss will do (this-and-that). Such “dealings” make a sound grievance procedure impossible. Once a Union Officer is personally obligated to an immediate supervisor, he is no longer in a position to do a decent job.

9. Making Empty Threats. Do not bluff when working out a grievance. If you make an empty threat and do not follow through, your bargaining power will be weakened in the future.

10. Talking Too Much. Be a good listener. It is possible to talk yourself out of a good case. By knowing when to listen and when to talk, you can keep the discussion on the facts in the particular case.

You will also be able to demand to be heard without being interrupted when it is your turn to carry the ball

11. Losing your Temper. A Union Officer who blows up is looking for trouble. All reasoning and common sense is lost when your temper is up. Do not mix grievances with lost tempers.

12. Keep Your Mind On Your Work. Do Not Be Side Tracked. Stick to the point. When you talk, stick to the issues. If the immediate supervisor knows he doesn’t have a valid argument, he may bring up subjects that have nothing to do with the case and get the discussion away from the grievance.

Agree on all the facts you can and then explain carefully the exact issue on which you disagree. Stay away from discussing personalities as much as possible. Avoid general arguments and remarks that belittle, especially when they have nothing to do with the case at hand.

13. Disagree with Dignity. If you cannot reach a satisfactory settlement, the world will not end. You can always appeal the case. That is what the other steps of the grievance machinery are for. Concentrate on the situation you are trying to correct and keep the personal element out of the picture as much as possible.

14. Sticking Together.

A. Agree on one spokesperson.

B. Keep a united front. When in a conference with several Union representatives or Union members, never disagree in front of any of your bosses.

C. If you quarrel among yourselves, you will soon lose the respect of the management. Management will be quick to take advantage of your differences.

D. If you see that some real differences of opinion have developed among the Union representatives immediately ask for a caucus and straighten out your differences in private.

15. Observe Rules and Regulations. Being an effective Union Officer means that you also have to follow the Department Rules and Regulations. Do not be placed into a compromising position by violating the rules.

SUMMARIZING YOUR CASE AT THE GRIEVANCE MEETING

1. Avoid personal rivalry; do not antagonize or ridicule.

2. Cooperate, but do not be too conciliatory.

3. Keep personal elements out of the picture.

4. Hold your temper; be calm; do not shout; keep your head.

5. Use positive approach and stick to the point.

6. Do not be side tracked; keep your mind on the job to be done.

7. Have the immediate supervisor take the burden of proof.

8. Learn to ask why.

9. Listen to the other side of the story.

10. Do not bluff.

11. Do not talk too much.

12. Do not make deals.

13. Demand the same respect from him/her as you have given him/her.

14. If you intend to appeal, tell him so.

15. Disagree with dignity.

DISPOSITION OF GRIEVANCE

No Horsing Around. Settle all grievances on the basis of merits. Do not swap one grievance for a settlement of another. You have to give a good reason for disposition of every grievance.

ALWAYS CALL THE POAM OFFICE WHEN YOU HAVE ANY FURTHER QUESTIONS