Resolving a Suspension Grievance

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“Won t believe what the new supervisor. Just did she s suspended angela here s s the letter. All right let me take a look at this all right. They guess the same he disobeyed an order.

Yeah. He says he s been asked to work in job that he s not getting paid for all right well um. We could do what the pay issue later. But i think you know we re not gonna have to deal with this issue of complying with an order first yeah apparently this has been going on for a while he just decided to complain today.

Well if what we did was complain then that s good for us. But uh refusal to comply with a direct order that s a completely different story find out what happened and make sure you ask angelo. If anybody else was there that witnessed this thing because we need to get you know. The witnesses statements right away.

Okay. Um. Angelo. Already told.

Me that the supervisor told him that uh. If he didn t want to do the job she d find somebody else like i said we need to find out exactly what happened we need to find out who was there and we need to find out in exactly their own words. I don t want psa and we can t really you you know we need to find out in their words and not their perceptions or interpretations of what happened. There s a witness to part of the incident.

So i ll talk to her okay. Good um. Listen. If you can go talk to angelo and explain to him how we handle discipline cases in the grievance procedure and calm him down a little bit.

He s probably a little upset right now and i ll go talk to the supervisor and see if i can get you know that what she her version of the events. While it s still fresh all right uncle you hi. Sophia. How you re doing i m doing well.

How are you thank you let s just go over what you re going to talk about in the grievance meeting tomorrow. Okay i right after it happened. I made some notes. So i think this will help us okay good.

I think. The union is going to demand that we prove that angela was insubordinate. So we need to review what exactly happened okay well as i told you i went to angelo. He d been filling in for roger for a couple of weeks.

Just for the lunch hour and out of nowhere. He got an attitude and started complaining oh..


But that s what we have to prove that you gave a reasonable order and anthony refused to comply to it that s exactly what happened yes. But we don t have to prove the exact thing if this ever goes into arbitration. So i m going to have you tell the story. The way it happened and just remember to give the facts.

Okay well as i ve done for almost three and a half weeks. I went to angelo and i asked him to cover for roger again what what did you use i think i said can you cover for him don t say i think see i told angelo if he could cover again okay and that angelo started complaining what what did he use um. I wrote this down what did he say oh. He said.

You know why you always asking me. I you know why is it always me that has to cover for him. And he started shaking his head. No okay then what did he say um.

I said come on let s go now. And i said it very firmly. So did angelo do it. Ben um.

No he s still started complaining and in a loud voice. He said. I don t get paid to do that and he took a step towards me oh did you feel threatened. I didn t feel so much threatened as i was frustrated.

I asked him to do something i needed it done. It wasn t getting done. And he was complaining so what did you say um well when i started to tell him that if he didn t do it i would get somebody else and i would suspend him just as i was saying i would suspend him he interrupted me and said go ahead do it also did he do it then did he complete your order no he didn t he just he walked away. And he said something about calling the union.

Okay you i just want to go over what the disagreement meeting on monday is going to be about okay. The disciplinary case management is going to go first and and their argument is going to be that you did not comply with a direct order. We re going to say that there was no direct order given that you know is basically a request can you do this okay well the only thing. I asked for and it s feel.

It s not a big deal is just to get paid for taking care. Rogers rogers lunch. Yeah. The money is really not the issue here angelo.

It it s really the what they re saying is the fitz insubordination the failure to comply with the direct order. Remember like we always tell you work now or grieve. Later unless. The work is unsafe or illegal to me.

It was she was asking me to do stuff. I was i was getting stressed out she was always coming to me..


It s not part of my job description. I feel like i reacted appropriately okay you you might feel that way. But what we need to do is we need to you know sit down and if we need to call you as a witness in that hearing we need to go over what you know your version of the events. Was and tally s who was a witness so we need to get that straight if we need to call you the only settlement.

I honestly feel that you could do for me is just i want to get paid for the job. I done over over the course of a couple of weeks. Which was thinking like i said before now that s a separate grievance that s a separate hearing. What we re being brought in for is insubordination.

Which at our defense is not well we need to get paid. Our defense is going to be that you never did not comply oh over the course of a couple of weeks. I felt like this this was at least a day s pay. I was doing this for over two weeks.

Okay the contract um is not so clear about that so we re just gonna have to deal deal with the subordination issue. First and let s just go over what happened okay so you know let s go over. What you re gonna say during them so. I was there casually talking to lee and we were talking about i don t remember exactly we were talking about and all of a sudden.

The supervisor came do you remember what how we were outside and you told. Me how distressed you were how upset you were and how he was picking up roger shifts. And he wasn t getting paid for them so. I told him why don t you tell the union stewart and then the supervisor came by yeah well i guess i should have told the stewart.

But i did well that s fine. I mean did happen okay and what what happened between you and the supervisor. None well she approached me you know to me. What i felt was a confrontational manner.

She was very rude um. Kind of in my face. What do you mean exactly. By rude.

Well. Just the way she t approached me um. In fact. I remember her telling me hop the hop to it like uh huh like who i mean i would have talked to anyone like that especially someone that i supervised that s what she was talking to me just okay.

When she told you to hop to it what did you how did you respond well. I told her it wasn t fair you know and then from from there i we went back and forth. And she said i ll get someone else and that and i was kind of relieved and then she said i m gonna suspend you and the next thing you know world when the hr with the suspension or what we need to do here is we need to convince now we re going to meet with them like i said on monday. We need to convince the director of human resources that they don t have a case that that any arbitrator is going to agree with us and and how we re going to do that is to say exactly what you just said that you know she offered somebody else to do the job.

And you said good and you walked away. And she said well then you re suspended that s going to poke a hole in their argument and then we would have tally if shot if we do have to call you or angelo..


We need you to stay calm in that we need you to not you know elaborate too much short answers. Yes. And no i don t know is also an answer and you know basically that you know tell the truth. You don t want to jam yourself up just.

Tell the truth. Exactly what you did here today fine all right you miss monson. Andrea. I think you definitely have a weak case and i think if we go to arbitration that you re gonna lose.

I think you know you should replace it removed the charges against angelo and replace it replace it with a letter of concern in his file and remove it into three months. If there s no other incidents. I think that would be fair. I think we have a strong case.

You never know how it would an arbitrator will decide. However. Angela has been a good worker and we re not out to overly punish him. I m glad to hear that boy to see that you re being a bit reasonable.

However. Sophia s authority was questioned in front of everyone and the whole workplace knows about this issue. We simply cannot remove the suspension. We may have some flexibility on the number of days.

But only if angelo promises that this will not happen again and your members also get to know that they cannot decide. Which orders wait. There s no what is on us to deny. There s no are you just trying to stop strong arm us you re you re right about that.

But um. We ve already covered that and right now we re just trying to see if we can reach a settlement. Well what what would convince you guys that this wouldn t happen again what would what do we have to do okay your loss. What angelo has to do he has to serve a three day suspension and we will observe his performance for six months to make sure that such an incident doesn t happen again and this is required is clear for six months.

We will give them a day of vacation. Which would effectively bring down the number of days to two days of suspension and at that point you know we could just replace. The letter that had the three day suspension with the letter that has it within suspension. It s simple as that you know your settlement is unacceptable to angelo and the union um.

Our members are waiting to see what s going to happen with this issue in regards to both the suspension and the pay issue and furthermore. Our members are very displeased with the way your supervision has been dealing with the workers and we need to address that and i think that an arbitrator s reversal of your suspension would cause the workers to lose respect for the authority that you think that s all the more reason. Why the suspension cannot be reversed. You are using this as a tactic to rile up your members and the pay issue is a separate situation and a separate grievance.

Altogether not to me look you know what having your members applaud standing outside when angelo arrived was cute. But that johnny doesn t change..


The fact that we have to gone. Where you going with this. The reason. Why they re out there in the first place.

No no she never issued a direct or where she s actually had somebody else you the most we are willing to do is to reduce the suspension to one day with the understanding that if angelo has an additional incident. He will serve the remaining two days. We also wanted a payment from you that you will report the settlement family and not really use it as a part of your campaign. We want you to print this in your newsletter and make it clear that workers need to obey first and brief later.

If we are able to resolve this we will look at your concern about employees working higher paying shifts during their lunch hour. Okay we re not there yet by any means. But let s look take a look at your proposal take a look at the details in mumbai. Yeah.

See what we can do okay. Okay. You so. How s everything going.

I m fine. Little little annoyed. What s going on well supervised you know rogers on disability. Yeah.

She keeps asking me to fill him in and i don t get paid for that why don t you tell the union steward. I would but you know what here comes supervisor watch. He s gonna ask me again okay bye. See you later hello angelo.

How are you i m fine. How s everything. It s good listen i need you to help me out again. I need you to cover the luncheon roger not again please.

It s not part of my job description. I don t even get paid to do it i know. But it s just lunch come on let s go. I honestly don t feel comfortable doing it.

It s just lunch come on hop to it please i don t want to do it you know what angelo if you re not gonna do it i ll find somebody else fine please do me that favor i will find someone else and you re suspended we hold it way back on monday. You can t do that i just did ” ..

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