Members
Unions and the Grievance Procedure
Once unions are recognized as the representative of the workers in accordance with LABOUR RELATION ACT, 1999 Part VI and have successfully negotiated a collective bargaining agreement which improve on those rights, they then have the responsibility to enforce the terms of that agreement.
Over time, unions and employers have agreed in the contract to use a grievance procedure to settle disputes while the contract is in effect. Normally, this procedure involves several steps and ends in binding arbitration if the two sides are unable to resolve the problem at any of the steps in the grievance procedure.WHAT IS A GRIEVANCE?
Any complaint, disagreement or dispute concerning the interpretation, application or alleged breach of any part of this Agreement or applied conditions of employment. A ‘grievance’ is when an individual is unable to agree or accept a course of action or circumstance which affects him or her personally and which may also impact upon his or her terms and conditions of employment.WHAT SHOULD I DO IF I HAVE AN ISSUE?
Speak to your Line Manager in the first instance or Human Resources if you prefer. It is important that an opportunity is given to solve the problem without any formal action and it is often the case that simple misunderstandings occur that can be addressed by you meeting with a colleague, a Manager or others.If you have tried this route and the issue has not been resolved, you will need to follow the guidelines below.
Step 1 – raising the grievance
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The employee should set out their grievance verbally or in writing to the Steward
The employee must state in full the grounds of his/her grievance and provide if possible any evidence relating to such dissatisfaction.
In investigating grievances, it is important to ask some key questions:
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Who is involved in the grievance?
What happened?
When did the grievance occur?
Where did the events take place?
Why did the grievance happen?
How did the grievance occur?
Were there witnesses?
Additionally, it is crucial that the Steward document the investigation, especially interviews with witnesses, because if a case goes to an arbitrator, the arbitrator will make his or her decision based on the evidence that was uncovered. Step 2- the hearing
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Management will invite the employee to a hearing which will take place at a reasonable time.
The meeting will be chaired by Management
As far as possible, the employee’s grievance will be treated confidentially. However, this may not always be possible and others may need to be informed of the grievance when an investigation is carried out.
The employee must make all reasonable efforts to attend the meeting.
The purpose of the hearing is to consider the employee’s grievance and any supporting documentation/evidence before a decision is reached. However, it may be necessary for investigations to be carried out or for advice to be obtained before a decision can be made.
That means that he/she should have done a preliminary investigation, understand what facts support your argument, anticipate what arguments management will make, and understand what it will take for you to settle the grievance. As the union steward, he/she have the right to speak for the aggrieved worker and should exercise that right.
In presenting a grievance, you should remember that while you are seeking to resolve the problem, your primary responsibility is to represent the aggrieved worker.
Present the facts and circumstances that led to the grievance, listen to management’s response to see if there is any room to settle, and if not, end the meeting. You are under no obligation to agree with management at this meeting.
If you cannot resolve the grievance at this step, take the necessary action to move the grievance to the next step. Step 3 – the appeal
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If the employee and or steward is dissatisfied with the managers decision, the steward should inform the Head of HR of his/her wish to appeal.
The grievance should be reported to the Grievance Department (GTAWU) where an officer will pursue the matter further.
N.B. It is a good habit to consult with the Union Secretariat at the first instant a grievance is reported and throughout the entire process.
The Right to Information
In processing grievances, the employer is obligated to provide the union with information that the union needs in order to process grievances.As a steward, you may request information from the company:
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When you are investigating a grievance
When you are preparing for a grievance meeting
When preparing for a grievance
The types of company records that may be necessary includes but not limited to:
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accident records
attendance records
disciplinary records
company memos
evaluations
correspondence
insurance policies
job descriptions
job assignments
performance reviews
personnel files
videotapes
However, it is far better if they are made in writing. Be as specific as possible in identifying the documents or the data that you are requesting.
Know the rights of the workers representing, these rights are contained in the Labour Code and Collective Agreement. The ability to successfully handle grievances comes with knowledge, practice and experience.
Every grievance that you get has the potential to go to arbitration. Therefore it is crucial that you do a complete and thorough investigation. This includes, among other things, interviewing the grievant and witnesses, obtaining all relevant records from management and other relevant sources. 
As a steward, you should familiarize yourself with the contract. When you are approached by a potential grievant, review the agreement to find out if a provision was violated by management. If not, was there a violation of the law or a violation of an existing past practice? If none of these exist, what you have is a gripe and not a grievance. When discussing a grievance with a member, whether you believe that it is a good grievance or not, it is important that you are understanding to his or her situation. 
As a steward, it is easier to stave off problems (before it is escalated ) by making sure that your members understand their contractual obligations and responsibilities on the job to keep someone from making an admission, you can educate them on their rights to have representation during disciplinary proceedings and their rights under the contract.
Treat the grievant as you would like to be treated if it were your grievance. That means that you should keep the grievant informed on the progress of the grievance, since grievances may take a long time to work their way through the procedure.
Before meeting with management on a grievance, you should be properly prepared so that you can present your case with the evidence to back up your argument. In addition, you need to anticipate what management’s position is on the grievance so that you can have counterpoints to its argument. 
In discipline cases, management must have cause and they have the burden of proof. You should understand what constitutes ‘cause’ for discipline and use that knowledge to aid in your investigation and representation of workers.
When in a grievance meeting, listen carefully to what management is saying. It may be telling you something that will help you settle the grievance either in that meeting or later on in the procedure. And remember to keep calm and reasonable. You’re there to win a grievance, not to score debating points with the supervisor.
When writing a grievance, it is good practice to cite the article of the contract, section of the law and or practice that was violated. When writing the description of the incident that caused the grievance, make that description as brief as possible. You do not argue or present your case in writing the grievance.