February 2, 2012: A winning grievance starts with a good investigation. If you don’t have your facts straight, management will shoot down your case. Get advice on how to nail down the facts and file a strong grievance.

In a disciplinary grievance, management has the burden of proof to show they have just cause.

In other grievances, the burden is on the union to prove that management violated the contract.

For both types of grievances, a good investigation will help you take apart management’s argument and make your case.

Get the Facts: The 6 W’s

Your investigation starts with these six questions:

• Who is involved? Get the names of everyone involved in the grievance—members, supervisors, and witnesses.

• When did it happen? When did the specific incidents occur? If this is ongoing, when did it first begin?

• Where did it happen? Get the exact location where the incident occurred. This information will help you track down witnesses.

• Why is it a violation? What contract language, work rules, past practices or laws were violated?

• What happened, and what is the remedy? Have a detailed explanation prepared for your meeting. Include everything it will take to make the employee “whole in every way.”

• Are there witnesses? Get their names, phone numbers and addresses. Try to get a statement from them as soon as possible.

Interviewing the Grievant

Start by getting the grievant’s side of the story. When dealing with a disciplinary grievance, some of the questions may make the member suspicious. Assure them you’re on their side.

“I ask the grievant questions that the company will probably ask them, and I explain what the company’s response may be to some of the statements the grievant is making,” said Nimrod Westcott, a steward at UPS in Baltimore.

You want the whole story, not just their side of it. After they’ve told you their side of the story, ask them, “What do you think management will say happened? We need to prepare for their strongest arguments.”

Find out from the grievant if there are any witnesses—other Teamsters, customers or supervisors.

After you’ve completed the interview, review the facts and sequence of events with the grievant. This will ensure that you’ve got the facts straight.

Nailing Down Management’s Story

When you’re handling a disciplinary grievance, management will often try to change their story to justify disciplinary action. Don’t let management set up a moving target.

In a grievance hearing on a disciplinary matter, make management present their case first. Take careful notes and when they are finished ask, “Is this your entire case?” Only then should you present your defense.

Prior to a grievance hearing, you have do to an investigation of your own.

Talk to different supervisors individually, and look for any inconsistencies within their story. Talk to them early before they get a chance to get their stories straight.

“The sooner you ask the better off you’ll be. Take as many notes as possible on what transpired. Do it right after the incident so you can get the facts nailed down,” said Frank Halstead, a Local 572 steward at Ralphs warehouse in Los Angeles.

Use Members as Your Eyes and Ears

Even when they don’t want to file a grievance, members can help fill in the gaps of your investigation.

Some stewards hold periodic cafeteria meetings during breaks or parking lot meetings before work so members can discuss work problems and report violations.

In some UPS buildings, for example, drivers have built up a text network to report supervisors who are stealing union work. When a driver sees management doing bargaining work, they shoot the steward a text with the info needed for a grievance.

Information Requests

The National Labor Relations Act gives the union and stewards a broad right to get information from the company to investigate grievances. There’s a lot you can request: Company documents, including accident reports, attendance records, bargaining notes, customer contracts, correspondence, interview notes, job descriptions, memos, time cards, security videos, seniority records and bids, and much more.

Don’t let management delay your request. It’s best to ask to view the documents first. Take notes and ask for copies if you need them—management has to pay for the copies.

Whenever you’re working on a disciplinary grievance, always request to view the grievant’s personnel file. If you suspect unequal punishment, request the names of other employees who have committed the same offense, and the penalties imposed.

Be careful here. If other employees have done similar things and not been disciplined as severely, the employer may go after them in the near future in order to make you and the grievant look bad. The use of apparent disparity in punishment must be handled with care.

The best examples to use are supervisors or former union members who have gone into supervision.

Language to Include in Every Request

You should always ask to view specific documents you need. But employers are obligated to respond to broad inquiries.

For a disciplinary grievance, you can ask: “Please supply all documents, reports, and other evidence utilized in making the decision to discipline the grievant.”

For a contractual grievance, ask for: “All documents, records, and facts used in determining the company’s position.”

When Management Gets in Your Way

Keep careful track of the information you request from management. Don’t let them introduce information or documents that you’ve requested, but that they haven’t provided.

If management denies your information request, the union can file unfair labor practice charges with the National Labor Relations Board.

The Sooner, The Better

“Question all the people involved, including line supervisors and managers.

“The sooner you ask the better off you’ll be.

“Take as many notes as possible on what transpired. Do it right after the incident so you can get the facts nailed down.”

— Frank Halstead, Steward Local 572, Ralphs, Los Angeles

Ask the Tough Questions

“Sometimes you need to ask tough questions to get the full story.

“I ask the grievant questions that the company will probably ask them, and I explain what the company’s response may be to some of the statements the grievant is making.”

— Nimrod Westcott, Steward Local 355, UPS, Baltimore