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Filing the IAM & UAL First Step Complaint Form
- 1. Filing The IAM - UAL First Step Complaint Form Lets examine the First Step Complaint Form, and the information that needs to be presented within. The First Step Complaint you write up today may be resolved at the Second and Third Steps of the Grievance Procedure, or the final step, Binding Arbitration. The success of any grievance often depends on how well this important piece of paperwork is completed. An Over View: Making and keeping a record of differences with the Company serves many purposes. By detailing the specifics of an unresolved contract dispute, or to protest a disciplinary action, the First Step Complaint, when collected with others, becomes a sort of record of life on the job. This record serves to highlight contract language that may need strengthening or Company practices that may need to be addressed. The written grievance and its settle- ment also provides the Union a guide for similar grievances in the future. Part 1: The first section of the Complaint Form appears to be so straight forward, but surprisingly, key lines are often left blank. The EMPLOYEES Name, Home Address, File Number, as well as the EMPLOYEES Department, Senior- ity Date, Classification, Days Off, and the Shift Starting Time, ALL need to be included. Most importantly, please include the EMPLOYEES HOME & WORK PHONE NUMBERS. It is often assumed that everyone involved knows the grievant or the issue at hand, but this may not always be the case. Once a First Step Complaint leaves the immediate area from which it began, its possible that the peo- ple handling it will not be as familiar with the circumstances involved. For this reason, its important to include ALL the information requested in Part 1 of the Complaint Form. Complaint Nature: An otherwise legitimate grievance may be lost by virtue of how this section is or is not filled out. Obviously, the Date of Claimed Violation needs to be included and accurate. Some grievances can take many months before they are ultimately resolved, and an incorrect date can call into question all other information on the form. The Applicable Contract Provision(s) line should include the SPECIFIC Contract Article violated, as well as the words, ...and all other applicable articles. This inclusion protects the grievance from being rejected on the basis of an incorrect or incomplete citing of the Contract. Complaint Nature: continued... The Remedy Sought line is perhaps the most important part of any grievance. To use an example, a Contract complaint of bypass for RDO overtime that does not include a Remedy Sought of, 8 hours pay at the applicable rate," might be awarded as written, but without the appropriate remedy of back pay. A grievance for unjust disci- pline that does not include as a remedy sought, that an employee be made whole," might be resolved without key restorations of seniority and bidding rights. If there is any doubt about how this section might be filled out don't hesitate to call the Local Committee before turning in the First Step Complaint Form. The Name, Date, and Oral Answer of the Supervisor first contacted should be included, as time limits apply when processed to the Second Step. Case Facts: Although the Form instructs that complete details, records, forms and letters are to be included in the Case Facts section, it is appropriate at this point to be brief and concise. It is not necessary to repeat all of the information that is hopefully included in the previous sections. It is not necessary to fully substantiate the claim being made. It is enough to state that the grievance is a protest regarding rates of pay, bidding rights, etc., or that the grievant is appealing a disciplinary action that is considered unfair. Obviously, some detail and documentation are appropri- ate at this point, but chances are that you are processing a written grievance in part, because of an unsatisfactory oral answer from a supervisor. Unless additional information is presented it to the company, you can expect the supervisors oral answer to be repeated in writing. Signatures: No grievance should be submitted without the Steward Signature and Date and the Employee Signature and Date. The signature of the employee is particularly important. It is the authorization for the Union to activate the Grievance Procedure on his or her behalf. Small details overlooked can be the turning point on which a grievance may pivot. Time limits, accurate informa- tion, and a desired remedy sought, are just some of the important items that need to be considered when proc- essing a First Step Complaint.