Arguing a Grievance Is Like Arguing a Court Case

Arguing a Grievance -- Example Two

EXAMPLE 2: Jane North has been a shop steward for about two years and has always been active in union affairs. She has never gotten along well with Bill Boss, the shift foreman, and in the last three months, she has filed an especially large number of grievances against him. She has also been seen in the last few months drinking heavily in a local bar on weekends. On Monday morning, Bill sends Jane home on a crisis suspension. He alleges that she had alcohol on her breath, slurred speech, and bloodshot, red eyes. Jane's best friend and fellow steward, Sarah South, files a grievance stating that Bill is simply trying to retaliate against Jane for her recent activity as a union steward.

What kind of argument is this, and how will they prove it?

The union has taken an affirmative position. They are claiming the foreman suspended Jane for her union activity. That is a very unfortunate decision on Sarah's part.

How can she prove that Bill suspended Jane for her union activity? He claimed he did it because she was drinking. Since no one can read his mind, we really don't know what he was thinking. Proving that the company has ill will, what lawyers call animus, toward a person or toward the union is very difficult. Unless Bill Boss told someone that he suspended Jane in retaliation for her union work, or announced ahead of time that he was planning to do so, then Sarah has no evidence to support her claim.

Sarah should have taken the negative argument. Instead of accusing Bill of retaliation, she should have simply demanded that he prove Jane was drunk on the job. Then the burden of proof would have fallen on Bill.

How could Bill have proven Jane was drunk? He did not give her a Breathalyzer test. He didn't refer her to a substance abuse counselor. No one else smelled alcohol on her breath. No one else said her speech was slurred. No one else said her eyes were bloodshot. Does the company have a policy about handling people who are drunk on the job? If so, did Bill follow it? If not, how has this problem been handled in the past? As you can see, Bill has a difficult case to prove -- one he'll probably lose.

Stewards are often tempted to try to make an affirmative argument when faced with a grievance. If you remember that the negative argument is always easier to make, you will win more of your grievances.

In the next issue of the Reporter, we will look at the best ways to present your evidence.