Sexual Harassment Grievances Are Never Easy

They can be really difficult when one member is accusing another one of inappropriate behavior

In the last installment of the Steward's Sourcebook, we discussed the difficulty of representing both members involved in a dispute, specifically a fistfight. In this issue, we're looking at another problem that frequently pits one member against another -- grievances that arise from sexual harassment.

Even when they don't involve conflicts among members, these cases present a challenge, because people have many different emotional responses to this type of allegation. Responding to all of your members' concerns can get difficult. You can make it easier on yourself by never straying from your true objective: to ensure that all members are treated fairly.

Of course, that's easy to say in the abstract. It isn't as easy when a person you know claims to have been subjected to some ugly behavior; nor is it easy when a friend of yours is being accused of something you can't believe that person would do.

Two rock-hard principles should guide you in handling a sexual harassment grievance. First, the union does not condone or tolerate sexual harassment in any situation. Second, the union's role in any grievance is to make sure that all union members are treated fairly, no matter what they have been accused of or who does the accusing.

When members accuse you of taking the wrong side or trying to play both sides instead of taking a stand, you may have some success explaining your role in the grievance by drawing the analogy of the court-appointed attorney.

When a person is charged with a crime, the state offers to provide the accused an attorney if he or she can't afford one. In this case, the state is working on both sides. They have a prosecutor trying to convict the person, and they also pay for an attorney to represent the person.

The reason for the state-appointed attorney is to protect the accused person's Constitutional right to a fair trial. No matter what a person is accused of, he or she is entitled to a fair trial. In the U.S. and Canada, this right is sacred. It is sacred in unions as well.

A grievance is very similar to a legal case in court. Someone is accused of something, and the grievance procedure is used to make sure that the accused person is treated fairly. The grievance process determines guilt and assigns punishment. Your job is to protect every member's rights, regardless of what has happened.