There is no better advice for a Steward upon attempting to settle a grievance. All the arguing in the world will not convince supervisors like a few cold hard facts.
Whether a grievance is successfully resolved is often determined by how carefully the Steward investigates the problem. Make sure the employee doesn't omit information which might be helpful to the case or gloss over facts which later might prove to be damaging. Talk with the employee patiently and, if necessary, assure them that the problem will be handled confidentially. Respect their privacy, but make certain you have the facts you need before proceeding.
Dig into all the surrounding circumstances. They may help save a worker's job - or to get a better one. Get evidence, proof. Question others who may have information including witnesses or fellow employees subject to the same supervision and working conditions.
Check the contract, current policy, past practices, the law. Consult with knowledgeable individuals and explore what happened in similar cases. Remember that more than one section of the contract may have a bearing on the case. Make sure that you check all sections that may apply.
Once you have all the facts in hand, double check with your grievance committee, local leaders or field representative and determine whether the member has a grievance and, if so, what can be done about it.
If the employee does not have a legitimate grievance, explain the whole process carefully. Be tactful. If the complaint is valid but the contract doesn't provide for the situation, explore other options including Human Rights, PERB, U.S.D.O.L., N.Y.S.D.O.L. PESH, a non-contract grievance or labor/management. If possible, always suggest another avenue to resolve the issue at hand.
If the member has a valid grievance, make sure he/she understands what they can reasonably expect to be done about it and when and how. When you go to management with the aggrieved employee, be sure that she/he understands who will speak to the issues.
Keep the member informed of developments as the case goes forward, and instruct him or her to report any future management action to you immediately.
Facts have a way of getting lost or twisted unless they are put into writing. For this reason, use PEF standard fact sheet and grievance forms to report grievances and record their disposition. The standard form appears on the following pages. The grievance form defines and formalizes the grievance and records its progress, step by step, through the grievance procedure. It, along with the fact sheet, should become a file for use in future negotiations and serve as a basic source of information.
If you and the supervisor can't informally settle the problem, file a grievance citing appropriate articles and remedy.
If a settlement is arranged, it should be confirmed in writing, either on the grievance form itself or in a formal written statement.
If it becomes necessary to file a second step grievance, involve the field representative if you've not already done so. If the grievance is not favorably decided or settled at Step Two, PEF MAY DECIDE to take the grievance to Step 3, the Governor's Office of Employee Relations (GOER), for a decision. Non-contract grievances end at this step.
Prior to PEF filing the 3rd Step grievance with GOER, the following actions shall be taken:
Contract grievances MAY BE APPEALED by PEF to Step 4. Arbitration. In any case, the steward should keep the assigned field representative informed at all steps of the grievance process.
Remember, arbitration that is final and binding should be used as a last resort! Arbitrations define the contract until negotiations change the articles arbitrated!