Assignment # 3 - Grievance Role Play Analysis

Kichael Shamoo

Part B: Analysis of Grievance Role Play 17 marks, due in class following your role play. Submit
your assignment electronically through the dropbox in SLATE.
1. Describe what happened during each of the steps of the grievance procedure. Provide
information about what both management and the union may have said or done during each
step. -7 marks
STEP 1: Step one which is the stage where the grievance is brought to the fore. The Grievor is
identified as well as the issue or problem. It is examined by the union. The union would then
take the first step and initiate the process.
On the unions part, the shop steward and business representative had to review the grievance
case, meet with the employee and hear his side. What they also had to do was know all the
facts. I learned it would not be smart or advantageous if the Union listened only to an employee
without having factual evidence of the things he was saying. The Union had the responsibility to
then review the collective agreement (looking at specific related articles and clauses) and any
other documentation such as employee records.
On the Managers part, after the grievance had been presented to them by the Union they were
responsible for reading and understanding the grievance. Examining the collective agreement
was the next step. This would give them the chance to examine the language and find the parts
within it that applied directly to the grievance. The intention of the meeting is to try to solve the
issue as soon as possible.
STEP 2: Step two of the grievance process. A formal grievance is filed by the employee, no one
else.
On the Unions side the employee fills out the grievance form/application which is both signed
by the Grievor and the shop steward. The grievance will have to be linked back to specific
clauses that are being violated in the collective agreement. Specific clauses chosen will be listed
as well as the desired settlement of the griever-what he wants. This formal application is then
reviewed and presented to the Manager/Employer side.
The Managers now having entered the second phase where an answer is given in response to
informal complaint, should expect to have a formal filing of grievance from the employee. They
will review this grievance as well as the clauses the Grievor claims are in violation. They will look
at the desired settlement and determine whether or not there is a decisions.

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Industrial Relations - Administration of the CA

STEP 3: Grievance is then presented to the personnel director by the employee and union
representative.
In this stage the Union looks at the written response and will either agree or disagree with it.
The written response will either accept or deny their settlement. If it is accepted they do not
then have to move to step 4 (arbitration). The Union will then meet with the Manager side and
state whether they accept or deny and their reasons for doing so.
The Manger side has to now meet again with the Union and listen to their response to the
written response they issued. After the union has received the written response from the
director of the managers side they will either approve or decline the settlement. There is a
meeting between the manager and the union to discuss that either agreement or disagreement
on the settlement. The managers and the union both examine the appropriate documentation
such as the Past practices

If the managers accept the settlement or has accepted a compromise they will discuss it and
that might be the end of the grievance process if both sides are satisfied.

STEP 4: In step 4, step three does not resolve the grievance and the solution has not been met it
will take the case to arbitration. Whoever the arbitrator is must be agreed on by both manager
in union side. The arbitrator is a third-party the looks of the situation objectively.
In this situation they were able to come to a solution is not necessary.

2. Identify and describe at least two things that happened during the role play that you believe
helped to resolve the grievance. In describing each, make sure you explain:
a. What happened,
One thing that happened in the role play that helped to resolve the grievance was when
knowledge became available of pay rates. In this role play the manager side wasnt
aware that there was a giant gap between his rate and the rate he desired. When the
union appealed with this information it made room open for compromise and
consideration.
Another thing that happened that helped resolve the issue was the discrepa1 ncy in
the past practices documentation. The managers has claimed that the past practices
shows a consistent period of time that applications were accepted in the past. It also
showed the employees that were declined and their reasons. The Union found
inconsistencies in this document and were able to receive satisfaction in the settlement.
b. Which step it happened in,

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Industrial Relations - Administration of the CA

Both of those vital things happened in the third stage of the process. Where after, a
settlement was reached and arbitration was not necessary.
c. Why you think it was done,
I think that the Union was diligent in giving an employee of almost 20 years, a chance to
get a desired pay. Although the employee, was a poor performer, that information was
kept off the table. That was due to the reasoning that the managers had kept this
employee employed for 19 years thus showing he did his job in a satisfactory manner.
It was also noted the effect seniority should have on pay. After all, Vijay would have
become disgruntled and other employees would be affected and perhaps think there is
no future in the company; seniority doesnt matter.
d. How it impacted on the parties participating in the grievance. 5 marks
When information became available to the manager side about the gap in pay, it caused
them to be more understanding and compassionate for the Grievor. This moved them to
approve the grievance and reach a compromise.
The Union showed diligence and that they would not give up in fighting for their
Grievor. The inconsistency in the past practices showed cracks in the Companys
argument. That impacted the parties in the sense that it gave the Union a discrepancy to
play while at the same time forcing the Managers into compromise.

3. Identify and describe at least two things that happened during the role play that you believe
detracted from the groups ability to resolve the grievance. In describing each, make sure you
explain:
a. What happened,
One thing that detracted from the groups ability to resolve the grievance was missing
information. At times we werent even sure what information was missing. That meant
reading over the case and asking what it was really saying: what it was missing. This took
time as we had to pick apart the language, but while that was happening the grievance
was still continuing; that resulted sometimes in going to the table without a strong
argument or an incomplete one. That was a challenge.
Another thing that detracted from the groups ability to resolve the grievance was
communication and idea sharing. Everyone looks at something differently. We had to
learn to weigh each persons idea and reasoning and work as a team. It also meant that
we would have keep our opinions objective as opposed to subjective.
b. Which step it happened in,

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Industrial Relations - Administration of the CA

These observations were noted in all the steps of the grievance. But what I noticed was
most challenging was in the third stage of the process when we had to decide whether
to take the settlement or not. Whether we would agree to give our Grievor the same
pay but not the position. Some members of our group were more interested in the
monetary benefit and wanted to accept nothing but Life Truck Operator for Vijay. That
was a challenge.
c. Why you think it was done,
Through those challenges we were made stronger as a team. We made sure that before
we went over again to meet with the Managers side, we were united; even if that meant
taking a little bit more time.
d. How it impacted on the parties participating in the grievance. 5 marks
Missing information was a detraction that impacted the early stages of the process.
Knowing that the Union is the one that initiated meant that we had to gather as much
information as we could so we could represent our Grievor well. It delayed the process
from starting but was worth the digging as it helped us to open with a strong case. In
terms of communication being a detraction, the parties were impacted because it
meant making sure they were all on the same page before moving forward.

Fall 2014

Industrial Relations - Administration of the CA