When all attempts to resolve a grievance fail the only other available option is to proceed with arbitration. Arbitrations are demanding, complex, lengthy and they cost fair amount of money to all sides involved. 

That is why it is very important to take arbitrations seriously and handle them in the most effective ways. Below are 7 the most important things for winning grievance arbitration.  

1. Follow Unions Grievance Procedure To The T

Get familiar with Union’s Collective Agreement and follow  Union’s grievance  procedure to the T.

The procedure is set out in Collective Agreement. This is where you will find out provisions on what  grievances can be filed, the number of steps or levels in the grievance process, the time limits to initiate a grievance, the time limits for the employer to respond. Also here you will find procedures for cases when the matter is not resolved at each step.

Questions to ask include:
 

• What changes have been made in the clause over the years?
• What were the reasons for the changes?
• Has one side tried to obtain a change in negotiations but failed?
• Select reliable witnesses and prepare them well.

2. Be Thorough, Curios & Consientious

Investigate grievance, cover all points and know what case type you are dealing  with. Be thorough, curious and conscientious in order to find out as much as possible.   

For example, in the discipline and discharge case, among other facts, look at the following:

• previous work record
• management’s reason for its actions
• past practice in similar cases
• complete record of events leading to discharge or reprimand.

For denial of vacation(s) look at the following:

• inform yourself of the time requested
• time allotted
• seniority
• management reason for denial of the request.

For denial of transfer investigate the following:

• grievor’s seniority and classification
• department grievor had requested to be transferred to
• availability of replacement for the grievor
• date of request
• names of new employees hired.

If it is a case of harassment at work consider the following:

• classify it (sexual, personal, racial)
• record consequences (denial of promotion, downgrading etc.)
• find out health effects
• identify harassment source
• identify witnesses
• investigate if it happened before and has management been informed. 

For overtime – find out the  following:

• date and shift overtime was scheduled
• classification scheduled for overtime
• grievor’s classification
• name and classification of employee  who worked
• the actual work that was performed
• previous record of overtime distribution
• the last time grievor worked overtime
• number of accumulated hours of  overtime for grievor (and others)
• supervisor’s reasons for not asking the grievor to work. 

In the case of improper layoff or recall find out the following:

• employer-wide seniority of grievor
• bargaining-unit seniority of all involved
• departmental seniority of all involved
• classification or group seniority of all involved
• type of work to be performed
• previous experience of all concerned.

For job postings (unsuccessful applicant) look for the following information:  

• grievor’s classification and seniority
• grievor’s experience and previous jobs
• experience and previous jobs of successful applicant
• management’s reasons for rejecting the grievor
• management’s reasons for choosing the  successful applicant.

Do the similar investigation for all other types of grievances like overtime, safety hazards, improper pay supervisors working, dismissal for innocent absenteeism, discrimination, duty to accommodate.

3. Know Your 7 “Ws”

Know your 7 ”Ws”  of gathered  facts  (Who, What, When, Where, Why, Want, Whoa).

The Who’s – who are the grievor(s), protagonists, who caused the problem-managers involved, signed statements  of witnesses, who else has/had this problem.

The What’s – what is the issue to be resolved, what collective agreement policy is relevant, what is the past practice of the employer. What is the relevant communication relating to the issue, what Union policies are relevant, what is being violated.

The When’s – when did the issue occur, when did the meetings communications take place, when will the time limits expire.

The Where’s – where did the issue take place, where were the grievors/managers/witnesses at the time of the occurrence.

The Why’s – why is this a problem, why it occurred, why is grievance necessary.

The Want’s – for example, grievor wants:

• harassment free environment
• training
• reinstatement
• memorandum of understanding of commitments and agreements, etc.

The Whoa’s – consider the following:

• have you organized the file
• have completed grievance file checklist
• are all statements signed and witnessed
• have you correctly identified the problem
• emphasize that your arguments are not personal
• reflect the position of the Union.  

“The Union contends that …”, and similar phrasing is preferable to “It is my position that …” or “I contend that …”. Never discuss personalities, if at all possible, and try not to use generalities.

Everyone in a grievance presentation should be there to deal with a specific case founded on specific facts. Once you have presented the facts know when to stop talking. There is no need to repeat yourself.

4. Involve A Third Party 

If the grievance cannot be resolved involve a third party.

Let the third party hear the case and make a decision. This third party process is known as a grievance adjudication or arbitration. Public Service Labour Relations Act (Section 209)  sets out what can be referred to adjudication.

In short, a grievance which has been presented up to and including the final level and which is still  unresolved can be referred to adjudication and  if the Union agrees with the  referral to adjudication.

Also, Canada Labour Code commands that all collective agreements must contain provision for the final settlement without work stoppage. Similar are provincial and territorial labour legislation.

5. Don’t Come Across As Litigious Or Threatening 

Finally, state the facts and present your arguments be specific and don’t come across as litigious or threatening. Simply tell the story of what happened (from Union’s perspective, of course). 

Split the grievance into distinct bullet points covering the different aspects of the grievance (e.g. key incidents of bullying and harassment or unfair treatment). Include details of dates, times, places, witnesses, comments etc.

Again, you can drop hints that the Union is prepared to take things as far as it is needed if the case merits it, but don’t start bandying about threats of tribunals or industrial action etc. Otherwise the claims will seem vexatious rather than valid.

Answer questions and concerns raised by the employer, both those raised in writing and those raised verbally. Ask at the end of your presentation whether management has any questions that you or the griever can answer.

Follow up and stay respectful towards individuals, and always remain civil. While there is no need to shy away from a candid appraisal of the merits (or lack thereof) of a particular decision, belittling comments or other negative remarks have no place in a grievance presentation. Remember: hard on the issue, soft on the people.