The past few weeks have presented challenges in having time to appear on AN, but I am excited to make a reappearance! I missed everyone-I have been off the grid learning about being a Grievance Chairperson, in addition to working on my clinical ladder/being an educator, learning a new specialty for my side gig, meetings, being under the weather, and having time to sleep!
I'm learning that being a Grievance Chair can be a 24-hour job; also being a Grievance Chair while learning as well as helping other grievance reps learn their position can be an interesting feat-we are learning together; being in a leadership position allows one to inspire through an evolutionary process; I am looking forward to making sure the reps are able to replicate that inspiration through times where they need representation for fairness in their own way. They are eager, and ready.
I also had my second representation: key areas of representing someone in a Grievance are related to The Seven Tests for Just Cause:
1. Reasonable Rule or Order: Are the employer's rule or managerial order reasonably related to the orderly, efficient and safe operation of the business?
This rule or order must not be arbitrary, capricious or discriminatory and must be related to the employer's stated goals and objectives; even if this order is unreasonable, the member MUST obey, except in cases when doing so would jeopardize health or safety.
2. Notice: Did the employer give any warning as to any possible discipline or consequence that could result from that employee's action or behavior?
While maintaining the contractural right to manage it's workforce by establishing the rules and orders necessary, the employer is responsible for informing the employees as to their meaning and application; the employer must advise the employee that any act of misconduct or disobedience would result in discipline-this statement should be clear, unambiguous and inclusive or any possible penalties.
(I find that management does not do this at all; they are very ambiguous when stating whether or not an employee will be written up for their actions; the employees I have represented state they were not notified about the potential write up)
3. Investigation: Prior to administering discipline, did the employer conduct an investigation to determine whether the employee did in fact violate or disobey a rule or order?
The employer's investigation must be made BEFORE any disciplinary action is invoked; the employer is prosecutor, judge and jury in discipline cases, and must beat the fully responsible Lilith for collecting any and all facts that are relevant to the final decision.
(I am finding during representation that this is totally one-sided in favor of management.)
Next week in part 4 will have the fourth test for just cause. Until then, more education, preparing for upcoming educational opportunities and all about he union business and a foot of snow to add to the excitement.
