Grievance Do’s & Don’ts

Grievance Do’s and Don’ts

Maintaining Positive Labor Relations Through Effective Grievance Handling

Employee complaints and workplace disputes are an inevitable part of any business operation. Even the best contractors may occasionally face grievances or disagreements in the workplace. Most collective bargaining agreements contain formal grievance procedures intended to provide an orderly and fair process for resolving disputes. Contractors should ensure they are familiar with the grievance procedures in their collective bargaining agreements, including all timelines and procedural requirements.

Strong labor relations are not built during arbitrations or disputes — they are built every day through respectful treatment of employees, honest communication, consistency, and professionalism. Contractors who prioritize trust, responsiveness, and constructive working relationships with union representatives are often able to resolve concerns early and avoid unnecessary escalation.

Whenever possible, contractors should strive to resolve employee concerns informally and internally before they develop into formal grievances. The following practices can help foster positive labor-management relationships and strengthen communication with both employees and union representatives:

1. Treat employees with dignity and respect.
   Create a workplace culture built on honesty, fairness, and accountability. Communicate openly and frequently, listen to employee concerns, recognize good performance, and address issues promptly. Employees who feel respected and heard are more likely to raise concerns constructively rather than allowing frustrations to escalate.
2. Build productive relationships with union stewards and representatives.
   A strong working relationship with union leadership benefits everyone. Contractors should strive to maintain professional, respectful, and solution-oriented communication with union stewards and business representatives. When trust exists between management and union representatives, issues can often be addressed early and informally before they disrupt operations or damage morale.
3. Address concerns promptly and fairly.
   Not every issue requires immediate action, but concerns should never be ignored. Timely investigations and thoughtful responses demonstrate respect for employees and reinforce the contractor’s commitment to fairness. Even when management disagrees with a complaint, employees and unions are more likely to accept outcomes when they believe they were heard and treated fairly throughout the process.

Even contractors who follow these practices closely may still face formal grievances. When that occurs, how the grievance is handled can significantly impact employee morale, labor relations, and future dealings with the union.

Under most collective bargaining agreements, the first step in the grievance procedure involves a meeting or discussion between the union and the employer. This process is often informal and may occur through phone calls, meetings, or email communications. In many cases, contractors will be contacted by a union business representative, agent, or business manager.

The following guidelines can help contractors navigate grievances professionally and effectively while maintaining constructive labor relations.

Do’s

1. Require the union to clearly identify the basis for the grievance.
   Obtain the “who, what, where, and when” involved, and ask the union to identify the specific contractual provision allegedly violated whenever possible. This is not about being confrontational — it ensures management understands the issue fully and can conduct an informed investigation.
2. Conduct a fair and timely investigation before responding on the merits.
   Gather facts, speak with relevant witnesses, review documents, and understand the circumstances before taking a position. A thorough investigation allows you to respond based on facts rather than assumptions or emotions. In some cases, legal or HR obligations may also require a formal investigation.
3. Review procedural requirements under the collective bargaining agreement.
   Determine whether the grievance was filed within required timelines and whether all procedural requirements were satisfied. If procedural concerns exist, communicate them professionally and clarify that discussing the grievance does not waive those objections. Even when procedural defenses may apply, discussing the underlying issue can still help preserve goodwill and prevent recurring problems.
4. Consider past practice and consistency.
   Review how similar situations have been handled in the past. Consistency in decision-making builds credibility and trust with both employees and the union.
5. Seek guidance and review prior grievance outcomes.
   Consult with your Chapter Executive regarding similar grievances, prior settlements, arbitration decisions, or recurring contractual issues.
6. Document your investigation and communications.
   Maintain organized records of interviews, communications, evidence, and decisions related to the grievance for future reference if needed.
7. Prepare thoughtfully for discussions with the union.
   Anticipate the union’s concerns and focus on constructive problem-solving. Maintaining a productive relationship with the union is often more valuable than “winning” a single argument.
8. Allow the union a full opportunity to present its position.
   Listen carefully and ask follow-up questions to fully understand the issue. Demonstrating active listening helps build trust and often reduces unnecessary conflict.
9. Maintain a complete record of discussions and positions.
   Document the positions, arguments, evidence, witnesses, and participants involved in grievance discussions.
10. Treat union representatives professionally and respectfully.
    Mutual respect promotes productive communication and strengthens long-term labor relations. Contractors should expect professionalism in return.
11. Be honest and transparent.
    Credibility is one of management’s most important assets in labor relations. Avoid exaggeration, misrepresentation, or statements that could undermine trust later.
12. Clearly explain legitimate business considerations.
    Employees and union representatives may disagree with management decisions, but they are more likely to respect decisions when the reasoning is explained clearly and professionally.
13. Remain professional and composed.
    Control emotions, choose words carefully, and avoid inflammatory comments. Statements made during grievance discussions may later become part of the formal record.
14. Handle every grievance as though it could proceed further.
    A grievance may ultimately advance to arbitration. Establish a clear, professional, and well-documented record from the beginning.
15. Confirm all agreements in writing.
    Memorialize any resolution or settlement clearly to avoid misunderstandings later.
16. Communicate recurring contract concerns to your Chapter Executive.
    Even resolved grievances may identify problematic contract language or recurring operational concerns worth addressing in future bargaining discussions.
17. Follow through on commitments and agreements.
    Trust and credibility are built when employees and union representatives can rely on your word — whether that means returning a phone call, providing requested information, or honoring the terms of an agreement. Consistently following through demonstrates professionalism, strengthens labor relations, and reinforces good faith in the grievance process. If circumstances change and you are unable to do what you agreed to do, communicate that promptly, explain the reason honestly, and work collaboratively toward an alternative solution.

Don’ts

1. Don’t withhold relevant facts.
   Credibility and trust are damaged when information is intentionally concealed. If facts present challenges for your position, address them honestly and professionally.
2. Don’t demean employees or union representatives.
   Keep discussions professional, objective, and respectful at all times. Personal attacks damage morale and labor relations.
3. Don’t argue with union representatives in front of employees.
   Sensitive discussions should be handled privately whenever possible to avoid unnecessary escalation or disruption.
4. Don’t provide unnecessarily lengthy written responses.
   Keep written communications clear, professional, and focused on the grievance at issue.
5. Don’t allow discussions to become unfocused.
   Grievance meetings can easily expand into unrelated complaints or issues. Keep discussions centered on the grievance while offering to address unrelated concerns separately if appropriate.
6. Don’t volunteer irrelevant information.
   Share information necessary to address the grievance, but avoid introducing unrelated matters that could complicate discussions unnecessarily.
7. Don’t speculate or agree to facts you have not verified.
   If additional investigation is needed, say so. Taking time to confirm facts is preferable to making inaccurate statements.
8. Don’t seek one-sided favors from the union.
   Labor relations work best when interactions remain professional, balanced, and grounded in mutual respect.
9. Don’t agree to outcomes you are not authorized or prepared to implement.
   Clearly communicate any contingencies, approvals, or additional steps required before finalizing an agreement.
10. Don’t make settlements you cannot sustain operationally or financially.
    Consider the long-term business impact of any resolution and consult with your Chapter Executive when appropriate.
11. Don’t unreasonably delay the grievance process.
    While contractors are entitled to conduct appropriate investigations and prepare responses, unnecessary delay can damage trust and increase tensions unnecessarily.

Final Thought

Effective grievance handling is not simply about defending management decisions — it is an opportunity to demonstrate fairness, professionalism, and leadership. Contractors who approach grievances with respect, preparation, consistency, and open communication are more likely to maintain productive labor relationships, preserve employee trust, and resolve disputes efficiently and constructively