How to file a grievance

UNITE HERE members work in many different shops, and each shop has its own contract with its own grievance procedure. You should consult your contract to get the specifics, but in general the grievance procedures are similar.

Before you file a grievance, you should talk to your shop steward. Stewards have copies of the grievance form, and also have experience in using the grievance procedure.

The first step in the grievance procedure is between the store or department manager and the individual employee, who may be accompanied by the steward. Most 340 contracts allow this step to be written or oral, but the union recommends that you do it in writing using the grievance form.

If the employee is not happy with the outcome of the first step, the grievance may be taken to the second step. Here it must be in writing. At this step, the grievance is between the union and the company; the union's business agent and the personnel or human resources manager get involved.

If the outcome is again unsatisfactory, the union may refer the matter to binding arbitration. Binding arbitration means that an impartial, outside party hears the case and makes a decision, which the employer, the worker and the union must obey. As part of the contract, the union and the employer have agreed in advance on individuals who will serve as arbiters.

In some contracts, there are deadlines that the employee must be aware of; for instance, a grievance must be filed within a certain number of days of the conduct being grieved. Make sure you consult your contract so that you don't miss these deadlines.