The Grievance hearing

Creator: A/V Geeks 16mm Films

Description: Episode of Series “Personnel Management”. A case study of a grievance, to show how hearings are conducted, what their purposes are and how a willingness to compromise can settle most disputes. In the case shows, a worker out sick for several weeks, has forgotten to notify the company formally of her illness. Under the collective bargaining contract this constitutes an “automatic quit”. Wen the worker returns she finds that her job has been filled. On the basis of her good working record, her three years’ seniority , and the nature of her illness - an operation that prevented her from calling in - the Sop Steward files a grievance. A hearing is held, attended by the Committee Chairman and other members of the Union, the Manager, a Personnel Man, and Mary, the worker. The Company agrees to re-hire Mary, placing her where they can find room; the union agrees that this will not constitute a precedent.

Transcription

[Music] this is Mary Carson she has missed six weeks of work due to illness now she's reporting in for a physical before going back to her job in the assembly Department only it seems that Mary's records are [Music] gone yes Mary failed to renew her her leave of absence which at her plant is taken automatically to mean that she has resigned without notice the nurse suggests that if Mary wants her job back she should see the Personnel man but Mary anxiously asks for a pass to see her Foreman however her Foreman tells Mary that they hired someone to replace her a week ago she'd better start all over again at the personnel office hi Mary hi Bill welcome back to the Old Mill kid what's cooking you look a little bit depressed well I was out 6 weeks so they fired me well didn't you see a foreman sure automatic Whit they call it you know the rules you're a steward well didn't you telephone no I didn't didn't even think of it I was just was too sick well that's enough for me you're much too good a worker to lose because of some arbitrary rule we're going to go back to see your Foreman but the foreman while very sympathetic says that according to the contract Mary has resigned and her old job has been filled by another girl Mary is a victim but the written contract TR between the union and the company is clear her job is gone however Mary Steward is going to fight for her he's making it a formal grievance and taking the matter upstairs while the foreman sends his copy of the grievance form to his superintendent the steward hands his copy to the chief steward at his first opportunity and at his first opportunity the chief steward storms into the superintendent's office hey Johnson how about this Mary Carson you here again this makes a six time this week yeah and if necessary I'll make it 20 why don't you get off my neck and let me get some work done Mary is a victim in this battle of stubborn Wills the Rights and Wrongs of her case are being ignored that's what happens when personalities Clash that's why we need grievance procedures so the person with the problem won't be forgotten simply because opposing sides refuse to remain calm obviously no grievance was ever settled at a time like this so fortunately for Mary her case went up into the final stage to a hearing in the Personnel man's office some days later the Personnel man being more detached and less personally involved in the issues at stake makes an excellent chairman for any grievance hearing manager he called to say he'd be a little late oh here he is now sorry if I held you up hi your teammates present at this one besides the Personnel man as chairman are the plant manager and the union grievance committee composed of its own chairman and two other members now gentlemen we're ready if you are uh Mr Saunders and I have gone over this we both know Mary from what's down here it looks like a pretty clear case I puzzled what's this grievance about well we think there's a lot of Merit to this case first of all Mary's a good worker and she's got three years seniority with us ain't that right that's right well then you can't let her go without a thought that ain't the way people treat each other but Bob now wait a second Mary is being penalized for being honest she could have told you she phoned in but the truth is she was so sick she couldn't even lift her head now how do you expect to remember such technical details like she could have telephoned was a major operation patient she was in the hospital 3 weeks as long as that oh yes we have the doctor's letter on that are you finished Bob no I'd like to sum up if you don't mind now we ain't saying that Mary didn't break a rule technically Mary's at fault technically but our point is none of the circumstances that she was very very ill and because she is a good worker and because she had three years of seniority with us we object to having her kicked around just because of an arbitrary rule even if it isn't a contract but Bob you're asking us to renegotiate the contract we're not asking to renegotiate the contract we're just asking for a little justice but Bob hold it I didn't interrupt you when you were talking okay okay go on according to the contract Mary Carson automatically resigned we all know that we don't deny it and a new girl was hired to replace her now it's no secret to you fellas that business is down a little at present we can't take on any new help we haven't a single requisition in Personnel not one so should we take Mary back and fire this new girl is that Justice well there must be some place for I ain't asking to give away the joint look this ain't a legal case take the human point of view she's a good worker it ain't right now listen we like Mary she's a nice girl and we'd like to have her back if we could find a place for her and if we could get around changing that contract but we're not going to have you throwing that up in our faces forever as a precedent well I'm glad to know that you're taking Mary back now there's one more point and it's a very important Point as you know Mary has been waiting around seven working days while his case has been going through the grievance Machinery so we think you should get her back pay for those days just a moment we haven't even taken her back yet and now you're asking those seven days weren't her fault they were yours wait wait we haven't even taken her back at all and now you've added something brand new to the case I don't go for that back pay stuff that's the way you feel about it I guess we better stick rigidly to the terms of the contract now you're asking us to pay a reward for the violation of the contract but it wasn't her fault technically it was her fault she actually quit according to the terms of the contract and she's been replaced by another girl until you dragged pay into this discussion I was inclined to go along with you and take her back if we could find a place for her but now I'm and climb the other way well Mary says she wants her back pay and that's all there is to it are you going to force this case into arbitration for a few lousy bucks come on hold on a minute Bob I know Mary Carson and I don't think she means that well I know she does she told me so a half hour ago all right let's bring her in here and let her speak for herself okay well okay can we reset for 10 or 15 minutes sure how about a cup of coffee for everyone well iidea the coffee's on your well Mary that's about it the manager says he's willing to get you back to work if you can but you say you won't accept a job without getting back paid for those seven days you missed is that the way you really feel about it well I I sure could use the money but Mary we're not even sure we can find you a job right now and if you insist on this money we can't even try and and that's about it well then I don't I mean I'll just take the job then you will take me back again won't you I object to that you're threatening her Mary don't take any stuff like that from him oh listen let's cut it out Mary under Clause 56 of the labor agreement you forfeited your job when you failed to renew your leave of absence correct and as you fellas very well know we haven't been hiring they're just simply may be no job at all and another thing there have been four similar cases okay okay Simon agrees so don't give her the money Mary would you settle for your job back mhm four similar cases all turned down but this case is a little different I know you'll hold it as a precedent against us if we reinstate her absolutely not no hell no what do you think George are there any jobs coming up at all well I know there's nothing in our old department but there might be something in some other department in that same division it's a pretty big one you know you haven't got any requisitions to hire from the superintendent's office no but I'll give him a call right now Hello Alex yes say uh can you use a good girl anywhere in your division no I'm not kidding you know her Mary Carson you can swell Department 6 next week say um Alex do me a favor and get me off the hook uh take her on right now she's been waiting for over a week you know this sickly grievance are you kidding you signed the form you ought to remember that's it the one you battled over with the chief stor well you naturally would remember the fight and not the case maybe now you guys will try settling some of your own grievances instead of making us poor Personnel slaves do your work for you okay say uh about Carson I'll send her over the first thing in the morning uh Jack George Sounders is right here we'll take care of the paperwork many thanks Alex goodbye well Bob you satisfied now guess that doesn't hey how about you Mary it's a different job you know hey rate the same yes you satisfied oh yes I I just want to get back to work thank you thank you all very much well back to the Grind aren't you forgetting something about no precedent here right well uh we said we put it in writing didn't we no you didn't but we want it in writing let's do it right now grievance settled employee reinstated no break in seniority will concede that effective date March 12th it's understood that this settlement has no precedent for any future settlement under Clause 56 of the labor agreement okay yeah okay with you fellas suits me okay by me another G EV settled like many others this one involved a conflict between the formal terms of a labor agreement and the human problems of an employee and because the union and management representatives are also human it involved a clash of personalities in this case can be seen the wisdom of having several steps in a grievance procedure so the employee gets every chance to be heard both sides acted a little both took positions that gave them a chance for give and take bargaining which in the end secured from Mary the fair treatment she deserved with Good Will on the part of Labor and management problems in human relations that can never be covered in a labor agreement or a book of rules will through grievance procedures continue to be brought to a satisfactory and just conclusion the [Music]

Online Copy: https://www.youtube.com/watch?v=Nrk3ZJj_bKk

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