Rights In Conflict: How can you represent two members involved in a dispute with each other?

Your Goal Is Fair Treatment For Everyone Concerned

The decisions you will have to make are not easy. Always remember that the goal is to gain fair treatment for all of your members.

Jim's grievance is simple: Did the company have "just cause" to fire him?

Your contract says they can fire anyone who starts a fight, and they always have. By Jim's own admission, he "started" the fight. That is, he took the fight from words to fists. Unfortunately for Jim, it's a slam dunk for the company, and they refuse to reinstate him.

Based on the facts, the committee decides against taking it to arbitration. You write Jim a letter explaining why.

No one in your local wants Jim to go, you included, but you have no choice.

Sam's grievance is stronger. He was being rude, but if Jim had never thrown a punch, there would have been no fight. Sam says he's being punished for what Jim did, and the facts appear to support him.

So you tell the company you're willing to take this one to arbitration.

But you never have to. By the time your arbitration panel has been picked, the company cuts a deal, giving Sam half his back pay and removing the final warning.

Congratulations! You've just successfully handled a grievance.

Unfortunately, now a roomful of your members are furious with you.

They accuse you of "taking Sam's side" and say if you had taken Jim's case to arbitration, the company would have given him the same deal.

When things get this complex, it is sometimes difficult to convince your members that everything you do is for their benefit. But it's true. Your goal is to make sure the company treats everyone fairly and equally, in accordance with the contract and the law.

Given all the facts, you could never have won Jim's grievance at arbitration. You don't want to waste everyone's time and money arguing cases that you do not have a chance of winning.

On the other hand, Sam's case was winnable, as the company realized.

You have a legal obligation to represent everyone in the bargaining unit equally, not just the ones you like.

And if you expect to win at arbitration, you must argue every grievance on the documented facts, not conjecture, probability, or personality.