LOCAL 41 MEMBER RESOURCE
KNOW THE PROCESS.
A grievance is more than a complaint. It is the contractual process used to address disputes involving the interpretation, application or observance of the agreement.
START HERE
IS THIS A GRIEVANCE?
A workplace problem may become a grievance when the contract is involved.
Article 12 defines a grievance as a controversy, misunderstanding or dispute concerning the interpretation, application or observance of the agreement.
That means the first question is not simply: “Was this unfair?”
The stronger question is: “What part of the agreement may have been interpreted incorrectly, applied incorrectly or not followed?”
If you believe a contract right may have been violated, contact Union representation as soon as possible.
READ KEY CONTRACT LANGUAGE
Article 12 — Grievance Procedure
A grievance is any controversy, misunderstanding or dispute arising as to the interpretation, application or observance of the provisions of the Agreement.
IMPORTANT
THE 14-DAY DEADLINE
Timing matters.
Step One begins by discussing the grievance with the Company's designated representative together with the steward and/or grievant.
If the issue is not resolved, Article 12 requires the grievance to be reduced to writing within fourteen calendar days of the violation.
Do not wait until the fourteenth day to contact a Steward.
If you believe something may violate the agreement, report it promptly so there is time to identify the issue, gather facts and protect the grievance timeline.
READ KEY CONTRACT LANGUAGE
At Step One, the grievance is discussed with the Company's designated representative together with the steward and/or grievant.
If the grievance is not resolved, it must be reduced to writing within fourteen calendar days of the violation.
ARTICLE 12
THE GRIEVANCE PROCESS
The grievance procedure moves through defined contractual steps.
STEP ONE
The issue is discussed with the Company's
designated representative together with
the steward and/or grievant.
If unresolved, the grievance must be reduced to writing within the contractual fourteen-calendar-day period.
STEP TWO
Unresolved grievances move to the
CertainTeed / Teamsters Local 41
Grievance Committee.
The Union presents its case, the Company presents its position, and known supporting evidence should be presented.
STEP THREE
If the grievance remains unresolved,
Article 12 provides a route to arbitration.
The Union has thirty calendar days after the Step Two process to file a demand with FMCS for arbitration when the grievance proceeds further.
BEFORE YOU MEET YOUR STEWARD
PREPARE YOUR FACTS
Good information helps your Union understand what happened.
Write down the date and time of the incident as soon as possible.
Identify who was involved, including supervisors, managers, coworkers and possible witnesses.
Describe exactly what happened. Separate what you personally saw or heard from what someone else told you.
Save relevant documents, schedules, attendance records, notices, emails, text messages, photographs or other information related to the issue.
Identify the contract Article or Section you believe may apply if you know it. If you do not know, that is okay — explain what happened and let your Union representative review the agreement.
Think about the remedy: What would make the situation right?
QUICK CHECKLIST
□ Date of incident
□ Time of incident
□ Department / work area
□ Supervisor or manager involved
□ Witness names
□ What happened
□ What management said
□ Documents or records
□ Contract Article if known
□ Remedy requested
ARTICLE 12 — SECTION 2
STEWARD RIGHTS
The agreement recognizes the Steward's role in investigating and processing grievances.
Article 12 provides a procedure for a Steward to leave their job for the purpose of investigating or processing a grievance.
The Steward obtains permission from the immediate supervisor and identifies the grievance and the approximate amount of time needed.
If the Steward must enter another department, the agreement provides for notification of the immediate supervisor in that area.
When relief is not necessary, the agreement allows the Steward to leave immediately. When relief is necessary, the contract establishes a maximum waiting period of thirty minutes.
READ KEY CONTRACT LANGUAGE
When a Steward leaves their job for the purpose of investigating or processing a grievance, the Steward will obtain permission from the immediate supervisor.
The Steward will identify the grievance and approximately how much time will be needed.
If additional time is required, the Steward will notify the supervisor.
When entering another department, the Steward will notify the immediate supervisor of that department.
The Steward will be permitted to leave immediately when relief is not necessary, or as soon as possible when relief is needed, with a maximum waiting period of thirty minutes.
PROTECT THE PROCESS
DON'T LET THE CLOCK RUN OUT
You do not need to have the entire case figured out before contacting the Union.
Do not delay reporting a possible violation while trying to collect every document.
Do not assume someone else reported it.
Do not rely only on memory. Write down important facts while they are still fresh.
Do not alter, delete or destroy records connected to the issue.
Contact Union representation early so the facts and contractual deadlines can be reviewed.
PRIVATE GRIEVANCE INTAKE IS COMING.
This public page provides general grievance information only. Employee names, case details, disciplinary records and other sensitive grievance information should not be posted publicly.
A future Member Login will provide a protected area for members to submit grievance information directly to authorized Union representatives.