Friday, December 3, 2021

Grievances: Formal or Informal?

A grievance is an important word in unionized workplaces. Here’s a look at the processes involved in resolving them

By Geoff Dueck Thiessen, Regional Director, Winnipeg Member Centre

A grievance is a complaint of a wrong, usually related to fairness. All collective agreements describe how grievances should be filed and resolved.

There are two approaches to handling grievances: informal and formal.

Informal Grievances

This is the best way to start the grievance process in most situations. An informal grievance happens when an employee or union steward or representative approaches management to talk about a workplace concern. Union representatives attempt to solve most grievances at the informal stage when it’s most likely that a mutually agreeable solution can be found.

One of the challenges faced by union representatives is persuading members to participate in the grievance process. This is usually because members are uncomfortable with conflict, or they may be afraid things could get worse if they speak up. A person’s fear is often less at the informal stage than at the formal stage.

Formal Grievances

The formal grievance procedure involves a number of steps and possible outcomes.

Step 1 – The union sends a letter to the employer outlining what part of the collective agreement and/or the law the employer is alleged to have violated, as well as what the union wants the employer to do to fix the problem.

Step 2 – If the employer denies the Step 1 Grievance, then the union can file Step 2. At this point, union and management representatives meet to discuss the issues and try to find a solution.

Arbitration – If an agreement cannot be reached, the union can file for arbitration. An arbitrator is impartial, like a judge, and can make a binding ruling. Once the union and the employer agree on an arbitrator, dates are scheduled and a hearing is held. This can look a lot like civil court.

Mediation – At any stage, the union and employer can agree to seek the help of a mediator. This is an impartial person who tries to help the parties reach an agreement everyone can live with.

Timelines – For each step along the way, the collective agreement will say how many days the union or the employer has to file the grievance before it’s too late, and how many days they have to respond. Depending on the collective agreement, that might be 5, 7, 10, or 14 days.

Informal or Formal—Which Is Better?

Sometimes, the formal process is the best option as it gives the conflict structure. Arbitration is expensive and slow and can force the parties into harder positions. This acts as a motivator for unions and employers to try to resolve things at either Step 1 or 2 in a way that maybe they wouldn’t be as motivated to try during the informal process.

When deciding on the informal or formal process, the union has to weigh a number of factors. Because the union technically owns the grievance—and it is the only legal recourse for members to resolving a workplace issue—the union has to do research to determine if the grievance has enough legal merit to take to arbitration. If there is a good legal case, the union must proceed with the grievance if the member is willing. If there is no chance to win, the union will be reluctant to proceed to arbitration.

In many cases, members are most interested in solving the problem without escalating the conflict. For this reason, union representatives will almost always start with the informal process.

3 Ways to Start an Informal Grievance

The member approaches the manager directly, perhaps with coaching from a union steward or representative.
The member approaches the manager along with a union steward or representative.
The union steward or representative discusses the issue with the manager.

One thing to keep in mind is that grievances are confidential. This means that you not always be aware of all the problems being solved informally in your workplace.

If you have a workplace grievance, be sure to talk with your union steward or representative. They’re there to help resolve issues in the best way possible, whether through the informal or formal grievance process.

Grievances: Formal or Informal?

3 Ways to Start an Informal Grievance

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