ILWU
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
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
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.