By Amanda Jones

Imagine you have just been handed a written grievance from your union and have no idea where to start. You are looking at the collective agreement language that the union has cited as being violated, and to you, it’s pretty clear. You did not call in that person incorrectly on overtime, nor did you sub-contract work that the union should have performed. The language is clear, but the union has submitted a written grievance against this very language.

There is never an easy way to overcome a grievance when you are seeing white and the union is seeing black. However, there are definitely ways to make it easier to tackle, in order to prevent a pricey and unnecessary arbitration:

1.   Read, re-read, and re-read again. Read the language a few times to make sure your interpretation is correct. Pick apart every word. The words may and do, for example, have very definitive meanings when it comes to a collective agreement.

2.   Look through the rest of the collective agreement to see if there are any links to the section that is allegedly violated which may support its meaning. For example, one contract I worked with had subcontracting language in four different sections. Don’t just trust the language the union is citing – keep looking through that collective agreement to find more.

3.   Attempt to understand the language from the union’s perspective; read it with their mindset. Find out why they are seeing black. Then repeat numbers one and two – see if anything in the agreement supports this viewpoint.

4.   Focus on past practice. Talk to managers and supervisors and determine the way in which the language being cited is currently being practiced or interpreted. This doesn’t necessarily mean its right, but arbitrators place a big emphasis on this when language is unclear. Don’t be afraid to talk to the union either – they will tell you how it’s been practiced. For example, take the line “every employee shall have the right to take two (2) weeks’ vacation during the period between May 1^st and September 30^th of each year”. The company understood this to mean the employee can take two weeks’ vacation during May 1^st to September 30^th, even if he has a total of four weeks’ vacation. The union understood this to mean the employee has the right to take a minimum of two weeks’ vacation during May 1^st to September 30^th, and that he could still apply to take the remaining two weeks. The union grieved when the employer turned down the additional two weeks. Who won? The union. Why? Because in the past, before new management, the company would have granted the four weeks’ vacation.

5.   Research past grievances. If the issue is being brought up now, chances are it isn’t the first time. In fact, in the example above, the company had been granting the four weeks of vacation time for the employee between May 1^st and September 30^th because the union had grieved the same issue a few years before and that was the decision. Make sure you check the outcome of grievances, especially ones that have gone to arbitration.

6.   Check bargaining notes. If you have good notes from the collective bargaining session in which the alleged violated clause was introduced take a look at them. Chances are there is an explanation as to what the intent was and that, in the writing of the clause, some meaning was lost.

7.   Check other collective agreements.  Sometimes it’s helpful to look at other collective agreements, particularly ones from the same union. Often the language is duplicated or very similar. This may help you get a sense of the most accurate interpretation.

8. If possible, consult an expert. If you are stumped, it’s always helpful to consult a labour relations expert or a labour lawyer. These guys have seen it all, and as an outside set of eyes looking in, can provide an objective view for you.  If you have a contact at the company, consider calling them.

In the end, if you still interpret the language in the same way, stick to your guns. Don’t be afraid to let the grievance carry on a few steps, or if the issue means that much to you, taking the grievance to arbitration to settle it once and for all.

Amanda Jones, BBA, loves to spend time with friends and family and play with her dog. But in her spare time, she also enjoys delving into the HR field. She currently works for a unionized manufacturing company as the learning, development and wellness manager. She also mentors two HR students through BC HRMA’s Professional Mentoring Program. She hopes to one day become an HR professor and start her own HR consulting firm.