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COLLETIVE BARGAINING

GRIEVANCE PROCEDURE

 

The grievance procedure is the cornerstone of any Union contract.  The grievance process is the means to enforce the contract.  Without it, everything else in the contract would be unenforceable and thus meaningless.

Last year alone, UFCW Local 99 filed 1,303 grievances for our members.  We were also successful in reinstating 71 employees who had been terminated.  Of course, not everyone who was fired got their job back, nor did we win every grievance filed.

The grievance procedure in our Agreements with all our employers, has an arbitration clause that calls for a final step if a grievance cannot be resolved.   An arbitration is a hearing before a neutral third party whose decision is final and binding on all parties.  The vast majority of cases, however, never get to that level.  Generally, we only proceed to arbitration on termination cases that we believe we have a good chance of winning or to enforce a provision of our Agreement.

Whenever the Union files a grievance on behalf of an employee, we ask that employee to submit a statement of all the relevant facts.  For the Union to successfully move forward on a grievance, we need as much information as possible, including potential witnesses that can be interviewed to further prove the case.

Your Union attempts to resolve grievances as soon as possible.  Still, the process can take a while. Witnesses may have to be interviewed, we might be waiting for a response from your employer, or we may have to research past cases of a similar nature.  A case that goes to arbitration could take up to a year or more from the date of the initial filing to the receipt of a decision from an arbitrator.  Obviously, the sooner we receive information from the grievant and the more complete that information is, the sooner we will be able to resolve that grievance one way or another.If you want to file a grievance, you must call directly to your Union Representative.  You cannot file a grievance or notify the Union that you want a grievance filed through this web site.  Contact your Union Representative.

HELPFUL INFORMATION

Protect Yourself! Keep Copies of Everything You Turn in And Know Your Rights During Security Interrogations

Protect yourself! Always keep a copy of everything you turn in to your employer. For example, if you take time off because of illness, make copies of any doctor’s notes that you turn in, as well as paperwork that you fill out for the company when you go on a leave of absence. This includes forms that you prepare under the Family and Medical Leave Act (FMLA). Hold on to all of these copies for your personal records.

Here is another way you can protect yourself: If you are called into your manager’s office and are asked to write a statement about something that happened, always ask if this could lead to you being disciplined. If the answer is no and they ask questions about something that happened involving a co-worker, request that you be allowed to make your statement in writing. As always, keep a copy of the statement for your records.

If they say yes, and it may lead to you being disciplined, ask that your Union Representative be present. It is you right to have a Representative present during any investigative meeting that might lead to discipline.

If you are just being issued discipline, such as a written warning, a suspension or a suspension pending investigation, you must sign receipt of the discipline and then call your e or to file a grievance of objection. Don’t forget to get a copy for your personal files.

If you are called into your manager’s office and “security” personnel are present, you must request a Union Representative before you answer any questions re questioned by security or management, so it’s always in your best interest to request that could result in discipline. It’s called your Weingarten Rights.

Weingarten Rights, for example, give you the ability to request union representation and assistance anytime your employer requests or initiates an investigatory interview.

What Is an Investigatory Interview?

An investigatory interview is any discussion with your employer that could result in discipline — for example, when management questions an employee to obtain information or when the employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says.

Weingarten Rights were established to help secure your job and prevent management from coercing members into confessing to mistakes or wrongdoings that they did not commit.

Not every discussion with an employer is considered investigatory. If your boss wants to specify certain job requirements or announce a warning or discipline, this is not considered investigatory.

However, the discussion can become investigatory if your employer begins to question you about the matter for which discipline is administered. At that point you may exercise your Weingarten Rights and request a Union Rep to be present throughout the conversation. If your employer denies this request, the employer is in breach of your rights and you do not have to say a word.

If you request a Union Rep’s presence at the interview, do not discuss any issues with your employer before your Union Rep arrives!

It is also advised not to sign anything without a Union Rep present unless you are entirely sure of its contents.

Understanding your rights is just as important as having them. Weingarten Rights protect you and your valuable job.

Again, always get a copy of everything that you put in writing and give to the company or its representatives, including security personnel, even when you are not going to be disciplined.

Interrogation Rights Statement

I refuse to submit to this interrogation because I fear that I will suffer severe discipline or termination of my employment and I demand my right to have Union Representation present on my behalf before this proceeding continues and if my demand is not acknowledged, then I refuse to participate in this process and you may take whatever action you deem appropriate.

UNION EMPLOYERS IN ARIZONA
  • Ace Parking - Phoenix
  • Ace Parking - Tucson
  • Albertson's - Yuma
  • ALSCO
  • Arizona Center for Disability Law
  • Arizona Sonora Desert Museum
  • Benson Hospital
  • Calcot Compress Company
  • Community Legal Service
  • Compass Group - Eurest Raytheon
  • Copper Queen Hospital
  • Fry's Food and Drug
  • Fry's Market Place
  • JBS, USA LLC
  • Looks Good Printing
  • Mission Foods
  • NatureSweet USA LLC (Willcox and Snowflake)
  • Precept
  • Robert B. Yacko D.D.S., P.C.
  • Safeway
  • Smith's Food and Drug
  • Southern Arizona Legal Aid
  • Southwest Service Administrators
  • Trinity Service Group, Inc. - Douglas Corrections
  • Trinity Service Group, Inc. - Florence Corrections
  • Waste Management
 

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