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Managing Performance and Handling Disagreements in Union Environments: The Practical Guide

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In my previous post, we talked about understanding the union perspective and building foundational relationships. But what happens when those relationships are tested? What do you do when you need to address performance issues, handle grievances, or navigate disagreements? This is where the rubber meets the road in union management.


The truth is, even with the best relationships and clearest communication, conflicts will arise. Performance issues need addressing. Policies must be enforced. Disagreements happen. Accountability must be maintained. The key is handling these situations professionally and constructively while working within the union framework.


Handling Disagreements: Problem-Solving, Not Warfare


Grievances are formal complaints alleging contract violations. I'm going to tell you a secret…every disagreement doesn't have to result in a grievance. If you build an honest and respectful relationship with your union representatives, you can take situations to them that you're having trouble with and work towards a solution TOGETHER.


A signed grievance
A submitted grievance isn't an act of war

Then, invite them to do the same. If there's a situation they don't like, something they don't understand, a conflict that is causing frustration, open the lines of communication so they can come to you informally prior to a grievance being filed. Then everyone can understand all sides of the situation and come to a solution. And…if you can't reach a solution, then you have the grievance procedure they can follow.


Does it take some time, honesty and reflection? Absolutely. But the outcome is a true partnership, which will build bridges for your organization rather than walls.


Still Disagree, Here Comes the Grievance


The Union may still disagree with you and file a grievance, it's ok. While they can feel personal or adversarial, continuing to approach them as problem-solving opportunities rather than battles will serve you better in the long run.


The Grievance Process Purpose


Grievances exist to ensure that contracts are followed and that employees have recourse when they believe they've been treated unfairly. They're not personal attacks on your management style, they're part of the formal process for resolving workplace disputes. If you've had the previous conversations, you know the stance the union is taking and you understand their perspective (notice I didn't say AGREE with their perspective).


Response Strategy


When a grievance is filed:


  1. Stay Calm and Objective Don't take it personally or react defensively. View it as a request for information and clarification.

  2. Investigate Thoroughly Gather all relevant facts, documents, and witness statements. Make sure you understand exactly what happened and what contract provision is allegedly being violated. Through previous conversations, you've probably done most of this already, now you just need to put it together in a more formal manner.

  3. Review Contract Language Look at the specific contract sections cited in the grievance and any related provisions that might apply.

  4. Consult with Labor Relations Work with your HR department or labor relations specialist to ensure your response is appropriate and consistent with organizational practices.

  5. Focus on Resolution Look for ways to resolve the underlying issue, even if you disagree with the formal grievance allegations. You couldn't resolve it prior to the grievance being filed, but that doesn't mean you can't continue focusing on a productive resolution.


Learning from Grievances


Every grievance, whether upheld or denied, provides learning opportunities:


  • Are there communication gaps that contributed to the problem?

  • Do policies need clarification or revision?

  • Are there training needs for supervisors or employees?

  • How can similar issues be prevented in the future?


Performance Management in a Union Environment


"If you build an honest and respectful relationship with your union representatives, you can take situations to them that you're having trouble with and work towards a solution TOGETHER."

Managing performance with unionized employees requires understanding just cause standards, progressive discipline procedures, and documentation requirements.


Just Cause Standards


Most union contracts require "just cause" for disciplinary action. This typically means:


  • The employee knew or should have known the rule or standard

  • The rule or standard is reasonable and related to job performance

  • Investigation was conducted before discipline was imposed

  • The investigation was fair and thorough

  • There is substantial evidence of a violation

  • Similar violations have been treated consistently

  • The penalty is appropriate for the offense


Progressive Discipline


Most contracts also outline a progressive discipline process:


  1. Verbal counseling (documented)

  2. Written warning

  3. Suspension

  4. Termination


However, serious offenses may warrant skipping steps, and some contracts allow for different approaches based on the nature of the violation.


Documentation Requirements


Your documentation needs to be more thorough and precise than in non-union environments:


  • Specific dates, times, and witnesses

  • Exact descriptions of behavior or performance issues

  • Previous discussions or warnings

  • Impact on operations or other employees

  • Steps taken to help the employee improve


Avoiding Common Pitfalls


"Some new supervisors become so worried about union grievances that they avoid making necessary management decisions."

The Intimidation Trap


Some new supervisors become so worried about union grievances that they avoid making necessary management decisions. This doesn't help anyone. You still need to manage performance, assign work, and enforce policies, you just need to do it properly.


The Adversarial Assumption


Assuming that every interaction with union representatives will be confrontational creates unnecessary tension. Many workplace issues can be resolved through collaborative problem-solving.


The Contract Ignorance Problem


Not knowing your contract thoroughly puts you at a disadvantage and can lead to mistakes that damage relationships and create unnecessary grievances.


The Inconsistency Issue


Treating similar situations differently creates credibility problems and legitimate grievances. Consistency in policy application is crucial in unionized environments.


The Communication Failure


Failing to communicate changes, expectations, or reasoning behind decisions creates suspicion and resistance. Over-communication is better than under-communication.


Your Success Strategy


A strategy to become effective
Your success strategy in action
  1. Master Your Contract Know it thoroughly and understand how it's applied in practice.

  2. Build Relationships Invest time in developing positive working relationships with union representatives and members.

  3. Communicate Effectively Be clear, timely, and appropriate in all communications.

  4. Document Everything Maintain thorough records of all performance and disciplinary actions.

  5. Stay Professional Maintain professional demeanor even in challenging situations.

  6. Seek Guidance Work with experienced supervisors and HR professionals to understand best practices.

  7. Focus on Common Goals Remember that you and the union both want a productive, fair workplace.


The Bigger Picture


"Your success as a supervisor in a unionized environment depends not on avoiding the union structure, but on working effectively within it."

Managing in a unionized environment isn't about "winning" against the union, it's about creating a workplace where everyone can succeed within the structure that exists. The skills you develop in union relations, careful communication, thorough documentation, consistent policy application, and collaborative problem-solving, make you a better manager in any environment.


The goal isn't to avoid all grievances or eliminate all disagreements. The goal is to manage fairly, communicate effectively, and resolve issues constructively. When you approach union relations with respect, professionalism, and a commitment to mutual success, you'll find that most union representatives are willing partners in creating positive workplace outcomes.


Your success as a supervisor in a unionized environment depends not on avoiding the union structure, but on working effectively within it. The formal processes and procedures that might seem constraining at first can actually provide clarity and consistency that benefit everyone involved.


Take the time to learn the system, build the relationships, and develop the skills you need to succeed. Your employees, your organization, and your own career will benefit from your commitment to effective labor relations.


What challenges have you faced managing performance in a unionized environment? How have you successfully navigated the grievance process? Share your experiences in the comments.


As always, carry social kindness with you everywhere you go. The world needs you and your positive mindset!


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If you want to consult on training or coaching for your team, please reach out.


269-621-5282



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