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Steward Notes: When not to file a grievance

Sometimes, you can solve problems at work without filing a grievance. Sometimes, creative strategies work. Sometimes, your coworkers just need someone to listen

Nov 28, 2024

By Alexander Delorme, Communications Staff

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Union stewards are important, but not just because they file grievances and reports. Stewards are also important because, sometimes, your coworkers just need someone to talk to. Someone to trust. Someone to have their back.

Solving problems informally and hearing people out — without filing a grievance — can even strengthen the trust between you and your coworkers. With so much to consider when acting as a steward, it is important to know when not to jump headfirst into a grievance.

When you don’t need to

It may sound obvious, but you should not file a grievance when you do not need to.

If your coworker believes your employer has violated the collective agreement, speak to the appropriate out-of-scope supervisor before filing a grievance. Our employers make mistakes, just like the rest of us, and are often willing to solve the problem if you politely raise the issue with them first.

Speaking with management informally can save a lot of time, effort, and resources, and your coworkers will appreciate it if you solve the problem regardless of whether you filed a grievance.

Of course, if your employer refuses to fix the problem or has a wildly different interpretation of the collective agreement, proceed with a grievance.

There’s no issue

There are times when there is truly no issue at all, and that’s the second reason to not file a grievance.

You should not file a grievance just because you want to make management’s life difficult. The question you must ask yourself and your coworkers is: Has the collective agreement been violated? If management has not violated the collective agreement, then filing a grievance may not solve the issue.

With that being said, you can always ask another steward or Membership Services Officer (MSO) for a second opinion. Your MSO can safely file a grievance on your behalf, especially if there is a grey area — you would hate to not file a grievance when, in fact, you should have.

At the end of the day, you probably shouldn’t file a grievance if you don’t have a case. Baseless grievances can be more trouble than they’re worth, especially when you know it won’t help your coworker, even in the long-run.

Telling your coworker a grievance may not work can make them upset, and that’s understandable. The only thing worse than losing a coworker’s trust by not filing a grievance is losing their trust by filing pointless grievances that make you all look foolish.

It is your role as a steward to walk them through why the issue may not be grievable and offer another course of action.

Direct Action

Let’s say there is an issue that does not seem grievable. Fear not: there are lots of creative ways to try and resolve the issue anyway! AUPE members across the province are engaging in Direct Action campaigns that target such workplace issues.

Direct Action takes place outside the context of collective bargaining and the collective agreement. Tactics like a March on the Boss, sit-in, or even boycotting a company event are all ways to make a statement and force management to change course.

Members can learn all about Direct Action by taking AUPE’s free, two-day Workplace Power training.

Conflict between coworkers

Conflict in the workplace is inevitable, and a coworker may ask you to file a grievance against another coworker because of conflict between the two of them. Your job, of course, is to inform your coworker that they cannot file a grievance against a coworker.

When this happens, it is a good idea to suggest that you talk about the problem informally before raising it with management, just like you do before filing a grievance.

Resolving conflict informally is often the best place to begin, as it can prevent a coworker from being disciplined or fired over something as simple as a mistake or misunderstanding. Obviously, it is appropriate to raise more serious or harmful incidents with management right away.

At the end of the day, AUPE members are all in this together. Your coworkers need you and they need the solidarity that comes from trusting their union representatives and each other. Part of your role as a steward is to know when to support them, listen to their problems, and sometimes—believe it or not—do nothing.

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