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Stepwise Success

Grievances

Published June 24, 2008 12:50 PM by Scott Warner
The word equitable, at the heart of many a grievance, may be defined as "just and fair," or free from bias or dishonesty. During a staff meeting, I once defined it as "a lack of unfairness." So, what does "unfairness" mean?

Unfairness is like obscenity: we know it when we see it. But a grievance specifically alleges an illegal burden, an unjust practice or denial of an equitable right. Unless a specific rule is defined in a labor agreement, a schedule follows mob rule. If it seems unfair to someone, it probably is.

For example, a schedule that assigns evening shift vacancies by rotating queue is equitable. Or is it? Consider:

  • What if the evening precedes a day shift without time to rest (a "double-back" shift)?
  • What if the shift is a Friday before a weekend off?
  • What if the shift includes call?
  • Are the shares of part time and full time employees the same or different?
  • What about those employees who request time off during prime time when these shifts are assigned?
  • What about volunteers who "cherry pick" shifts to avoid others?

"Equitable" is wide open to interpretation. Unless a labor agreement contains a specific rule, management decides.

No matter how equitable a decision making process is, a final schedule can be perceived as unfair. This may be through negligence, deliberation or oversight. Schedules can be complicated structures that can, over time, tangle into knots or unravel into chaos. And there will always be employees who count shifts over time, track days off, check who works in what department, and judge how many people should be working.

Grievances happen. A manager should view each as an opportunity to admit a mistake, increase transparency or fix a process. And then, just move on.

posted by Scott Warner
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