Grievance Process

Section 17 Procedural Steps

Not Involving Health & Safety or Onerous

What is Grievance?

What is grievance? Something thought reason enough to complain, a disagreement, in the workplace. The most effective steward is one who can spot a grievance quickly and act quickly. There are basically four different types of grievances.

· Violations of the contract

· Violations of any state or federal law

· Violation of a long-established practice

· Grievances stemming from company rules Let’s take these up in order.

Contract violations: Recently, a new dozer was put to work on a big Hawaiian sugar plantation. For reasons of his own, the construction superintendent promised it to an operator who was not at the top of the seniority list. This was a clear violation of the seniority provisions of the ILWU contract.

Another operator, with top seniority and ability, told his steward what had happened, and the steward set the company straight about the contract, right on the spot.

Lots of strange new chemicals are coming across the docks. Longshoremen and warehousemen handle them. Recently, a company was loading a very powerful poison, when an alert steward saw the skull and crossbones and discovered that the packaging was not safe. He noticed that some of the stuff had spilled on the dock and the hatch.

This was a violation of the contract safety provisions. Immediately the gang was knocked off work (with pay for the whole day) and told to destroy their clothes and shoes. The poison was returned to the manufacturer and the company paid for new gear for the men.

A good steward knows his contract. He knows how to bypass the fancy legal language and get to the guts of the matter.
The ILWU and its locals sign many contracts. To represent members well, the steward should know how the contract protects:

Preliminary Research

Coast Grievance & Arbitration Procedures

Investigate the Grievance.

Right to Information.

Investigating the Grievance

Get a clear understanding of the problem.

The five W's: Who, What, Where, When, Why

Is it a grievance?

Review the contract & past practice.

Is there a violation of federal, state, or local law?
Interview all witnesses

Conversations between steward and employee are confidential.

Keep thorough notes of each interview.

Review notes with interviewee — confirm the notes you have taken.

Keep notes organized and legible.

Right to Information

The union, not individual employee, has a right to request information from the employer.
Information may be requested to:

a. Monitor compliance with contract

b. Investigate if grievance exists

c. Prepare for grievance meeting

d. Prepare for an arbitration

How to file a grievance under the ILWU PMA Special section 13.2 grievance procedures for discrimination and harassment complaints
Pacific Coast Longshore & Clerks Agreement.

Notify your union Business Agent and immediate supervisor (clerk supervisor, Walking Boss/Foreman) of the problem as soon as possible. If they are not available or are the subject of your complaint, then contact other union officers and/or management. Get a Special Section 13.2 Grievance Form from the Business Agent/Walking Boss/Foreman, dispatch halls, PMA offices or employer work sites. 

Make sure you have a copy and understand Section 13 of the Pacific Coast Longshore & Clerks Agreement ("PCLCA') , the ILWU-PMA Equal Employment Opportunity Policy, the Special Grievance Procedures and the Guidelines for Remedies regarding discrimination and harassment problems. (Copies are available at any ILWU local or PMA office.)

File within 15 calendar days of the incident a written Special Section 13.2 Grievance Form by mailing or faxing it to the Area Arbitrator, with a copy mailed or faxed to the JPLRC c/o the PMA office in your Area, by using the fax numbers or mailing addresses stated on the form.

You must timely file the grievance form in order to have the problem corrected under the PCLCA. Any late filings will require approval based on good cause by the Area Arbitrator.

Make sure you immediately read all communications mailed to you regarding your grievance and be available and prepared for the hearing before the Arbitrator Panel.

Work with your union or other representative to prepare your case and gather your witnesses and any documents for the hearing. 
Follow the procedures detailed in the Special Grievance Procedures as to how the hearing is conducted, the remedies available and the rights of appeal

Section 13.2 and the Special Grievance Procedure
ILWU GAP Workshop
July 30 - August 3, 2007
2001: An ILWU Odyssey

The grievance procedure evolves to accommodate a changing workforce and a changed legal climate
CLRC concludes — at Union's urging -- that Section 17 grievance procedure is not suited to providing the kind of "immediate and effective" remedies required by state and federal law.

Section 13.2 is negotiated and adopted as an expedited grievance procedure to resolve discrimination complaints

Section 13.3

Section 17.4 procedure applies to all other types of discrimination complaints including:

Grievances alleging that a contractual provision or rule is discriminatory

Discrimination claims seeking elevation, registration, or casual selection

Discrimination based on disability, family care or medical leave status, military status, political affiliation, marital status, union membership or non-membership, and/or pro or anti union activity.

Who is Responsible for Following and Enforcing Section 13.2?
Everyone on the Waterfront

Longshore workers

Clerks

Walking Bosses and Foremen

Casuals

PMA member companies

Management: Superintendents, Managers and PMA staff

Outside Truck drivers

Vendors and Contractors

The Hostile Work Environment

Under law: a hostile work environment is one in which the amount or degree of prohibited conduct is so severe or pervasive that the conditions of employment in the work place as a whole would be considered Intolerable by a reasonable member of the protected class (i.e. a reasonable woman, a reasonable African American worker, etc).

Under Section 13.2: a lower standard may apply! Prohibited conduct that temporarily alters the conditions of employment at the time the prohibited conduct is occurring.

Section 13.2 Procedure

Complaint Driven: a timely complaint using the Special 13.2 Grievance Form starts the Section 13.2 process. The Area Arbitrator: hears and rules on Section 13.2 complaints that are filed using the proper 13.2 grievance form within 15 calendar days of the incident. The ruling of the Area Arbitrator is final and binding unless a timely appeal is filed.

The Coast Appeals Officer: reviews decisions made by the Area Arbitrator based on the written record when a timely appeal is filed. The decision of the CAO is final and binding.

Union Representation: ILWU workers who are parties to a 13.2 grievance (accuser or accused) are entitled to Union representation.
Identify facts relevant to the grievance and evidence you will present to prove those facts:

a. Witness testimony?
b. Documents?
c. Other evidence?

Limit presentation to facts that will help your case and assist in getting at the truth.
No later than 5 days before hearing, provide the Arbitrator a list of witnesses s/he should direct to appear at hearing.

Preparing for the 13.2 Hearing Draft Opening Statement that tells the story of the grievance. Draft direct and cross-examination questions for all witnesses.

Prepare your witnesses in advance: know what they will say and what they won’t say! Draft Closing Statement explaining why the grievance should be sustained, and what remedy should be imposed on the accused. Review arbitration strategy with the Grievant.

Union Responsibilities: Part 1

To Enforce Section 13.2 to achieve goal of workplace free of prohibited discrimination. Respond and investigate complaints quickly.

Approach all complaints with open mind no matter what you may "know", or what you think, about the parties. Notify complaining worker of Section 13.2 rights and encourage her/ him to file grievance. Assist workers in filling out Section 13.2 forms and in preparing cases for arbitration. File 13.2 grievances in “name of the Union ” in appropriate cases. Insist on compliance by company management.

Union Responsibilities: Part 2

Protect Integrity of Section 13.2 Process:

1. Assert Union position that is consistent with spirit of the contract a. Victim does not want to file grievance.
    b. Victim has not clearly or not alleged proper 13.2 grievance.
    c. Union interests may differ from workers' interests!;

Scenario #1

During a routine visit to a terminal facility, a female casual worker pulls you aside and tells you that there is a male Foreman/Walking, Boss who keeps asking her to have drinks with him after work even though she has repeatedly declined. She is embarrassed by his behavior and just wants it to stop. She does not really want to file a formal complaint

Scenario #2

A female Class A worker tells you that there are always finds Playboy magazines in the mechanics lunchroom where she often has lunch. She is not a mechanic but she eats in that lunchroom because it is more convenient for her then the general lunch room. She is annoyed by the magazines.

Scenario #3

A white male supercargo, after verbally chastising and threatening to fire a black male Class A clerk, is loudly called a “f…ing racist." The supercargo complains to you after the job is complete and wants to file a formal Section 13.2 complaint.

Scenario #4

A female casual informs you that she witnessed a Class A male longshoremen pinch another female casual on the buttocks. She objects that this kind of conduct in the workplace is unprofessional. She wants to know if there is anything she can do about it. 

Scenario #5

A female longshore worker informs you that another female longshore worker repeatedly asks her about her love life. She has never told her to stop, but would like you to talk to her. The questions make her uncomfortable and she thinks her co-workers intentions may be romantic.

Scenario #6

A female clerk informs you that she is getting regular personal e-mail messages at her home from a male co-worker. The e-mails are sexually suggestive and she has not responded to them. She has to work with him and does not want to file a Section 13.2. She wants you to talk with him.

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