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Grievance investigation form fact sheet

Home/Grievance investigation form fact sheet
Grievance investigation form fact sheetuniknowledge2019-07-08T16:50:14-04:00

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  • Enter your email so that the form can be sent directly to you.

    This will ensure that the information you enter will not be lost to you in case you abandon the form for any reason and need to step away from filling it.

  • Every local union keeps a grievance log so they can keep track of each grievance that is filed and where it is at in the grievance process. Past grievances may be reviewed before bargaining to see where collective agreement language might need to be addressed in negotiations.

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  • WHO IS INVOLVED IN THE GRIEVANCE?

  • Accuracy matters. Be sure the spelling is correct.

    Tip: From this point onward use the term “griever”, not the individual’s name.
  • If employees are assigned numbers by the employer, be sure to include this here.

  • DD slash MM slash YYYY

    Include the griever's correct seniority date. Double-check it. Grievances can be won or lost because of accuracy.

  • DD slash MM slash YYYY
  • DD slash MM slash YYYY
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  • MANAGEMENT INVOLVED

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  • WITNESS OR OTHER PERSONS INVOLVED

  • What is the grievance about? Make sure to include all points mentioned on the checklist for each type of grievance.

    Also include a brief summary of how the complaint process originated (when the complaint was received, who received it, whether it was by phone, email, in person, etc.).

    Tip: Throughout the report refer to the parties as “Complainant”, “Respondent”, and “Witness 1, 2, 3, etc.”
  • Name the article or articles of the collective agreement (including Letters of Agreement/Memorandums of Understanding) that you think were violated. Grievances can also be based on Past Practices (well-known, established workplace practices), employer rules and policies, or discriminatory, unreasonable or unfair management actions. Check the Unifor Steward Guide for more information.

    And, grievances can also be based on legislation, which is “read into” the agreement. So you may also name any of the following laws that you think have been violated:

    • Your Provincial Employment Standards Act/Federal Labour Code;
    • Health and Safety Act;
    • Labour Relations Act;
    • Human Rights Code/Act.
  • For example,

    Grievance Settlement Requested:
    1. A declaration that the Employer has violated the terms of the Collective Agreement;
    2. An order directing the Employer to cease violating the Collective Agreement;
    3. Full payment of all lost wages, pension contributions and benefits, that there be no loss of seniority or vacation credits and that the Grievor(s) be made whole in every way;
    4. Full compensation for all Union Members affected by the Employer’s violation, and
    5. To be made whole
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  • STEP 1

  • Write down the names and positions (union and management) of all who participated in Step One. In most locals the Grievor is involved in Step One. The steward prepares the Grievor for the meeting.

    Refer to the Unifor Steward’s Guide for tips on meeting with employers and on preparing grievers for meetings with managers.
  • Your collective agreement lays out the steps in your Grievance Process. Step one usually involves a discussion between the grievor, the workplace rep/steward and the supervisor to try to find a quick, informal solution to the problem. (We always try to find a solution at the earliest stage. The higher up the process, the more senior people get involved and the more entrenched they may become.)

    Use this space to provide a brief summary of the discussion that was held. Include the points you made as well as any points or information that the employer provided. This is your chance to gather information from them - facts as well as insight into their arguments, so that you can be better prepared if the grievance moves to the next step. Note what was resolved, what was not resolved. Be specific.
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  • STEP 2

  • Write down the names and positions (union and management) of everyone who participated in Step two. Be sure to note whether the Grievor participated.

    Refer to the Unifor Steward’s Guide for tips on meeting with employers and on preparing grievors for meetings with managers.
  • Your collective agreement lays out the steps in your Grievance Process. If there’s no satisfactory resolution at Step one, at Step two the union presents the grievance in writing to management. The grievance form is used to outline the problem, how it relates to the collective agreement and says what the union and the worker want done about it.

    Use this space to provide a brief summary of the discussion that was held. Include the points you made as well as any points or information that the employer provided. This is your chance to gather information from them - facts as well as insight into their arguments, so that you can be better prepared if the grievance moves to the next step.
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  • STEP 3

  • Write down the names and positions (union and management) of everyone who participated in Step three. Be sure to note whether the Grievor participated.

  • Your collective agreement lays out the steps in your Grievance Process. If management doesn’t fix things at Step two, then Step three usually means people higher up in the organizational chain (on both sides) get involved to try to find a solution.

    Use this space to provide a brief summary of the discussion that was held. Include the points you made as well as any points or information that the employer provided. This is your chance to gather information from them - facts as well as insight into their arguments, so that you can be better prepared if the grievance moves to the next step. You should also note whether there are additional points of agreement or disagreement, and whether management’s arguments have changed in any way.
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  • STEP 4

  • Write down the names and positions (union and management) of everyone who participated in Step four. Be sure to note whether the Griever participated.

  • Your collective agreement lays out the steps in your Grievance Process. If there is still no satisfactory resolution, at Step three, the President of the Local /Local Unit Chairperson and the Human Resource manager will get involved. If they need help, a Unifor national representative and/or a head office / senior management person may become involved.

    Use this space to provide a brief summary of the discussion that was held. Include the points you made as well as any points or information that the employer provided. This is your chance to gather information from them - facts as well as insight into their arguments, so that you can be better prepared for arbitration. You should also note whether there are additional points of agreement or disagreement, and whether management’s arguments have changed in any way.
  • Refer to the Checklist at the end of this form to make sure you have copies of all relevant documentary evidence.

    Use this space to list all appended documents, and record any information not already on this form that is relevant to the case.
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  • PRIOR TO SUBMITTING FORM

    Take the time to review the document with the help of the following checklist items. CLICK TO VIEW

  • Make sure the grievance form is signed by the griever. You will need to keep them informed throughout the process. It is not enough to leave it up to management to let them know the outcome.

  • DD slash MM slash YYYY
  • Almost every collective agreement includes time limits for a grievance. If you miss these time limits, you put the whole grievance in jeopardy. Do not risk losing a good grievance by missing time limits.

    Your provincial or federal labour relations act may say that an arbitrator may extend the time for the taking of any step in the grievance procedure under a collective agreement, even if the time limits have run out, if the arbitrator is satisfied that there are reasonable grounds for the extension and that the employer will not be “substantially prejudiced,” as, for example, when the events in question happened so long ago that witnesses are no longer available.

    Remember that even if there are cases where time limits might be set aside, it is still far safer to diligently follow them and keep written records of the steps taken.
  • This field is for validation purposes and should be left unchanged.
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