INVESTIGATING GRIEVANCES       

A member - or members come to you. They’re mad. Really mad. "It’s unfair...it’s a violation of the contract...it’s illegal...and it’s not right!" You think to yourself, "yeah, this is terrible. I’d better do something." But what do you do next?
If your answer is "demand an explanation from management," you may want to think again. Sure, some problems are obvious grievances, but most of the time you’ll need to know a lot more about what’s going on. Jumping to conclusions based on false, faulty, or inadequate information will only undermine your credibility, and the union’s.
Know the issues thoroughly. . . It's the only way to handle grievances well.

Remember, a member who’s upset, angry, and frustrated may not always give you an accurate picture of what happened. A disgruntled member may sometimes exaggerate and leave out important details. It’s up to you to investigate, look at the facts, and then decide on a strategy for dealing with the problem.

The first step in your investigation is to conduct effective interviews.
Get the information you need from an upset member after they’ve calmed down, either by taking them aside and talking for awhile, or by meeting with them later.

Here are some time-tested tips for getting the most information.
Make sure you’re relaxed — and take your time. Listening is the key, so control your feelings and concentrate on hearing what the member says. Write down important facts, including who, what, when, where, how, why, and the names of any witnesses.
 

Encourage the member to "get it all out" (both facts and feelings).
Ask questions that can’t be answered yes-or-no when you don’t understand something or when you need to clear something up, such as: "Why do you think this happened?" Or, "Give me an example."
Once in awhile, repeat back to the worker what you’ve heard them say. This checks your accuracy and often brings out overlooked facts.
Avoid making judgments during the interview. Form your opinion later, after you’ve gathered the facts.
Avoid making promises about the actions you will take. Assure the worker that you will investigate and let them know when you’ll get back to them. Make sure you do!
If you don’t know the answer to a question, don’t guess.

Promise the member you’ll find out and get back to them (and do it!).

Interview everyone connected to the problem in the same manner. Talk to other workers, any witnesses, other stewards, even foremen and supervisors. Never depend on a single version of what happened, if you can avoid it. And remember, interviews are one way of getting at the facts, but they’re not the only way.
Check documents and records that could help you decide what happened and what should be done. They include:

Past grievances, steward’s notes, and arbitration decisions;

The contract and supplemental agreements;

Employer policies and work rules, and,

Information that you may need from the boss.

When you’ve gathered all the facts, then it’s time to put your case together (if there is one), and determine what strategy (big plan) and tactics (smaller moves) that can be used to solve it.

Having good and complete information is vital in fighting grievances. But where and how do we get it?
First we should look to ourselves. An informed steward not only knows the contract, but the past practices of the department. A wealth of knowledge exists among the members as well. And of course the local union should keep records. But sometimes that still isn’t enough to be properly prepared.
Help can come from an unexpected source—the employer! It’s not because they want to provide information. The union is entitled to it under the Labour Relations Act (LRA).

The steward may request information:

Before a grievance is filed to see if the contract may have been violated.

At or between any step of the grievance procedure.

After the final step to prepare for or consider a possible arbitration case.

It’s best to be specific about what we want and, unless the information is immediately available, to put the request in writing.
Remember, the information must bear some relevance to the actual or potential grievance. The union is not allowed to use requests merely to conduct a "fishing expedition" through company records. Nevertheless all sorts of company documents data and factual information are fair game. There have even been cases where the boss has "thrown in the towel" on a grievance rather than go to the trouble of digging up the information requested.
 

Some Examples of Information the Union May Request