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Education & Research: Steward's Corner
by Robert
Wechsler, Education Director
Ten Rules to
Prepare
Witnesses for
the Grievance
Hearing
Last week you
went to a
disciplinary
hearing in which
you presented
the case for the
union. Your case
rested on the
testimony of
another member
who you brought
to the hearing.
Then management
questioned the
same member. All
of a sudden he
got flustered
and backtracked
on the story.
The witness no
longer sounded
credible, even
to you. What
happened?
A disciplinary
case will be
judged on the
facts and you
must present
those facts
through
documents and
witnesses. When
you use a
witness you must
make sure of the
witnesses'
story. A solid
grievance
investigation
including good
interviewing
techniques are
basic to this
process. But
there is more.
A good grievance
is only as good
as the witnesses
and the
grievant. You
must insure that
the story they
tell is
consistent and
they stick to
it. That means
you must adhere
to the following
rules in
preparing your
witness.
1.Know what your
witness will
say. Once you
have interviewed
the witness, sit
down with him or
her and tell
them the
questions you
will ask. Plan
those questions
according to the
information the
witness has
offered.
2.Go through a
dry run of your
questions ahead
of time. The
questions and
answers at this
stage are meant
to increase
their comfort
level, not to
put words in
their mouth or
get them to
memorize their
story. Anyone
can see through
a concocted
story or one
too-well
rehearsed.
3.Tell the
witness what
they can expect
in their cross
examination by
management. Give
them some
possible company
questions ahead
of time and see
how they
respond. Tell
them you will
make sure that
the company does
not go off base
on their
questions.
4.Answers should
be brief and
nontechnical.
Tell them not to
argue.
5.Witnesses must
not be evasive.
If they cannot
remember or do
not know, they
must say so. "I
don't know," or
"I can't
remember" are
perfectly
reasonable
answers. They do
not necessarily
weaken a
witnesses' story
despite what
they might
think. "No" and
"yes" are also
respectable
replies to
questions.
6.When the
company
questions the
witness on
cross-examination,
answers should
be as short as
possible. Do not
let your
witnesses do the
work for the
company. Make
the company
prove their
case.
7.If the witness
is sure of the
facts, tell them
to use words
like "I
remember." Words
like, "I think"
or "I believe"
are weak and do
not necessarily
indicate facts.
8.Don't let
witnesses get
shaken by
cross-examination.
When you have a
particularly
strong witness,
management may
try to get the
member excited,
make them lose
their temper or
get careless
with an answer.
What they are
trying to do is
destroy a
witness'
credibility.
Step in to
prevent this.
Don't let your
witnesses be
hounded or
badgered. Don't
let anyone put
words in their
mouth.
9.During your
interview with
the witness,
walk them
through the
entire hearing.
They have to
know ahead of
time what to
expect. Describe
to them the
physical layout
of the room, who
will be there,
and what will
happen. The more
they know ahead
of time, the
more comfortable
they will be.
10.In any
proceeding, tell
the witness to
admit, if asked,
that they have
spoken with you
ahead of time.
Don't let them
think that the
interview
conference isn't
part of the
process. If they
are asked, "What
did your union
representative
tell you to say
at the hearing,"
the proper reply
is, "He/she told
me to tell the
truth."
Disciplinary
hearings are
uncomfortable
and stressful
events for
members and
witnesses. Once
you realize this
fact, you must
try to do
everything in
your power to
make your people
more
comfortable.
Following these
10 simple rules
will help.
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