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What do I do when my human resources manager is trying to avoid scheduling my step 3 grievance hearing?

I work in a union shop. (UAW). I filed a step 3 grievance on November 10, 2008. (A step three meeting is a meeting between my union rep, the international UAW rep, and management.) My union contract clearly states that my human resources manager has to schedule this meeting within five business days of receiving my grievance. My union rep presented the grievance to Joyce on November 10, 2008. (Right after I gave it to him.) I called on November 15th and asked my union rep if I had a date set for this meeting yet. Joyce had not called my international UAW rep yet. So she attempted to call one time on November 15th in front of my union rep. The UAW office had the day off as a holiday. She didn't leave a message. My union rep then told me that she would probably get something scheduled on Tuesday, November 18th. (my shop had the 17th off as a holiday). My union rep was on vacation the week of the 17th. So I called early in the morning on November 24th to find out what was going on seeings how I had not recieved anything in the mail or any phone call. My union rep said that he had been up to Joyce's office to ask her as soon as he saw her. Joyce said that she had not tried to contact my international UAW rep after the attempt on November 15th. She said that she would attempt to schedule a meeting by the end of the day (November 24th). My union rep said that I would probably get my response about my meeting in the mail. He also said that he could call me if I wanted him to. Well, I have yet to hear anything about any meeting being scheduled. I believe that my human resources person is purposely avoiding scheduling this meeting because SHE is the person that I had the problem with. My union rep keeps telling me that he isn't dropping this grievance. I have been trying to get a hold of my international union rep over the last week, but he is very busy right now. What can I do in this situation? Does my company even have any say after the five days has passed? I really don't want to go after the union. I just want my step three grievance meeting scheduled as soon as possible so that I can hopefully be returned to work as soon as possible. I would appreciate any help that I can get. Thank you.

2 Answers

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  • 1 decade ago
    Favorite Answer

    I'm not 100% sure how to respond but consider this:

    You could probably try to establish that the union breached its duty of fair representation. However, mere negligence in the handling of a grievance is not enough to amount to a breach. So long as the union is making reasonable choices and acting in good faith, it’s OK. Wanton recklessness- might be enough to establish a breach of fair representation. (you could consider going down that road)

    You might be able to just file a grievance directly with the employer. § 9(a) of the NLRA gives exclusive rights to the union for bargaining EXCEPT that an individual has the right to present grievances directly to the employer, provided that: The grievance is consistent with the collective bargaining agreement; The union has been given the opportunity to have a representative present. So take a look at your collective bargaining agreement and see what you can do.

  • Anonymous
    1 decade ago

    Make a blog about what a wiener he is.

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