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Education & Research: Steward's Corner
by Robert
Wechsler, Education Director
How Can They Make My
Life Miserable?
There are many ways a
supervisor can make your
life miserable. Let's
take a look at some of
the ways management can
try to wreck the
grievance procedure and
what you can do to
counter them.
1.The stall: No
it's not a piece of
plumbing. This strategy
is designed to make you
wait. Your supervisor
never replies to your
request for a meeting or
worse, never answers the
first step grievance.
It is used for a variety
of reasons, but the
bottom line is that your
request for some action
is ignored. The tactic
is frustrating and
demanding. Your response
should always be
business-like. If the
request for a meeting
goes unheeded, make it
again. If it is ignored
a second time, put the
request in writing with
a copy to the union and
the supervisor's boss.
If the issue is a
response to a grievance,
chances are the boss is
trying to get you to
miss your time limits.
Never let that happen.
If you do not get an
answer within the time
limits set out in the
contract, appeal the
grievance to step two
with a note that the
first step grievance was
not answered in a timely
fashion. Document your
action and make sure the
local union is aware of
the problem. In some
cases the second step
appeal is made by a
union officer so follow
your local procedure.
But don't miss your
deadline because of the
stall.
2.The blow out:
In this scenario, the
boss wants you to lose
your cool, usually at
the grievance meeting.
You could be ridiculed,
ignored, yelled at --
anything to get you hot
enough so that your
emotions and not your
intelligence rules. When
you get angry, you
forget your game plan
and the meeting ends as
a shouting match.
Sometimes the boss will
aim the strategy at the
grievant. Have you ever
been at a meeting when
the supervisor turns to
your member and says
something like this:
"Did you really think
you could get away with
that?" Or "Aren't you
old enough to know
better?" Lines like this
are designed to get the
member angry enough to
say something they
should not. The member
might disclose something
on record which does not
even belong in the
meeting or they might
lose their cool and
become insubordinate.
At the grievance
meeting, do the talking.
Tell the member what to
expect and not to get
flustered or angry with
any question which is
asked. Educate the
member before you go
into the meeting. You
can stop the meeting at
any time to regroup and
cool things down.
3.The trade:
Formally called
horse-trading, this
tactic has nothing to do
with ponies. It is an
attempt by management to
get something before
they give something. You
may be asked to give on
one grievance to get a
settlement on another.
Never fall for this
ploy. Decide all
grievances on their
merit. Horse-trading is
an area in which the
local union can incur
liability.
4.Divide and conquer:
A house divided on
itself will not stand.
And neither will a local
union. Never allow any
member to be played off
against another. Never
air disagreements in
front of management.
Have your discussion
outside the room, out of
earshot.
5.Side Issue:
Here, the supervisor
will bring up extraneous
issues, other
grievances, or the
latest new company rule.
If the meeting has been
called to discuss a
grievance, redirect the
conversation back to the
issue at hand, over and
over again. Don't get
sidetracked. Keep
control of the meeting.
6.Shifting the burden
of proof. This is
often used in a
disciplinary hearing or
appeal. Management is
charging the member with
some kind of infraction.
Under the general rules
of discipline, they must
prove their case. Let
them speak and prove
their case. This doesn't
mean you stay stone
silent during the
meeting. You should play
a very active role in
defending the member,
but it is the employer's
job to carry the burden
of proof.
These are six tactics
that are used by
management at the
grievance meeting. They
may be used to test the
new steward; or to take
control of the procedure
back from the local
union which has been
successful in using it.
Don't be fooled. Be
forewarned and prepared.
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