This month’s problem is not about looking for a solution to a particular issue but what to do when the “fix” is not something that all the parties agree is best. In a perfect world, we would all get along, agree on everything, and never expose our human imperfections. Unfortunately, when we start to mix people together, we have the potential for disagreements. We don’t all think alike or behave the same way given the same circumstances. As chief, I would like to have the final say on everything and hope that my employees would behave as I would expect. There are just a few problems with this. It is difficult to convince others that I should be the dictator (I argue that I would be a benevolent one). The other reason is that all of our employees do not bring the same skills, background, and thought process to the table. By this I mean knowledge, experience, logic, education, ethics, and the like. To compensate, we have a whole book of policies and procedures and labor agreements and various laws, codes, and standards because we came to the realization that not everyone thinks alike and direction is needed to provide consistency and predictability.
Typically, when there is a discrepancy between actual and expected performance or behavior, corrective action in the form of discipline is taken with hopes of improving performance and behavior. On occasion, the recipient of the discipline does not agree with the action and appeals the action. This is known as “filing a grievance.” Although mostly associated with labor organizations (unions), grievances can be filed by anyone. If the fire department does not have an avenue to grieve differences, there is always the option of pursuing redress in the courts.
Grievances are not restricted to cases of discipline. They basically exist to attempt to resolve differences. These differences can be the result of disagreements in the interpretation of policies, procedures, labor agreements, or other documents intended to provide direction. Often, there is one of three reasons to have these disagreements. First, the document (policy or procedure) may not be clear to all. Many of these documents are drafted within the fire department. Not everyone is talented enough to make their points crystal clear. Even documents written by so-called “experts” can be interpreted to have multiple or unclear meaning. The second reason is that one or both parties in the grievance neglected to read the applicable documents. Last, a “shortcut” may have been taken. The reason for this is that action had to be taken and there wasn’t time to check on policy or follow it.
In general, management and labor (employer and employee) should avoid grievances, as they divert time from the core mission of the department and most likely create hard feelings. With that said, there will still be cases where a grievance is needed to resolve a dispute. It is a basic premise and necessary to keep issues from developing into major conflicts and to create a more worker-friendly environment.
GENERAL APPROACH TO GRIEVANCE PROCESS
There are things that need to be done to properly prepare for a grievance and other things that should be done to minimize the number of grievances filed. Some organizations are faced with frequent grievances; others can go for years without a grievance. In both cases, the end product is the result of management practices and relationships. More grievances are filed in organizations with poor trust and poor relationships. The converse is true: Departments with good leadership generally field few formal grievances, most likely because people are treated fairly and expectations are clearly outlined and communicated.
First and foremost, all departments must have a grievance policy, a way for members to get due process when they believe they have not been treated fairly. A policy will almost always exist when a labor organization is involved, but it is just as important for everyone. If you do not have a union, there should be a policy in your rules and regulations. The policy exists not only to let your employees know that they have an avenue to air their issue but also to establish due process prior to legal action outside the department. In most instances, individuals ultimately can file suit in a public court. It is probably best for all to try to handle a problem internally. Should it not be resolved, at least there is a record of an attempt to find a solution.
The grievance process should include multiple steps to seek a solution, starting with the individuals involved with the original dispute. This is sort of like trying to find the lowest court to hear the case. Small issues do not start with the Supreme Court. The people closest to the dispute should be the first to seek a resolution. Should this fail, there needs to be subsequent steps to appeal. A suggestion would be one step internal to the department; one outside; and a final step, which could be mediation, arbitration, or going before an established appeals panel. Regardless, remember to allow due process. Often, people outside the department will take an unbiased view because they are most likely not emotionally attached to the issue.
As the receiver of a grievance, you take it personally. My advice is, don’t. This is frequently easier said than done. I can remember my first few grievances. I had a hard time believing I could make a mistake (that ego thing). Of course, my first reaction was to strike back because that is what competitive people do when challenged. I have found that a more rational approach that limits the emotional involvement is a better way.
When presented with a grievance, realize that an instant reaction is not necessary. Take your time, read the complaint, and try to analyze it. If you feel that your blood pressure is rising, wait a day and start again. Do what you can to deal with only the facts. After a rational analysis, do whatever you can to resolve the grievance. Do not compromise your beliefs and values or those of your organization, but seek a solution that everyone can live with. When the grievance gets past your point, you may no longer have control of the outcome.
Gather all the facts you can. There have been cases where additional information is revealed after this step in the process. That can be good or bad, depending on what the information reveals. It can be embarrassing if it is such that you need to reverse your decision because you did not have an important bit of information that would have led to an easy resolution. Review the applicable documents-policies and labor agreements, for example. Also consider past history inside the fire department and other agencies within your governmental body. You can bet if the issue goes to a third party for resolution, all past histories will be revealed. The side filing the grievance will be searching for equal and fair treatment.
If, after a thorough investigation, you do not believe you can sustain the grievance, settle it before it gets to the next step. To proceed, you should have the total support and commitment of your boss. If it appears your boss is sympathetic with the grievant, settle the issue while it is still in your control. If it may involve a legal issue, it is acceptable to get an opinion from your legal staff. Often, attorneys have an unbiased opinion and can tell you when “to hold them or fold them.” Be careful, though. There have been cases where they had recommended holding the line only to fold during an arbitration hearing. Trust and confidence in your legal advisor are musts.
After the grievance passes your step, you still may have work to do. I have provided the same information many times as the process continued. Keep a good file. Also consider any additional information that may be needed. Be prepared. If you do not resolve the issue, you need to get even more serious from this point. You need to prepare to win. If you don’t resolve the issue, don’t get wishy-washy. Stick to your guns. At this point, you cannot change your story in any way. Hopefully, all your communications to this point have been crystal clear and consistent.
As indicated above, once the issue is out of your hands, you do not control the outcome. You will then need to live with the outcome. Your boss may reverse your decision because his perspective or experience may tell him that you cannot sustain your action. He may also want the problem to go away, and the cost of conceding may be significantly less than the estimates to proceed. Regardless, you need to publicly support your boss and move on.
Addressing grievances is not usually the most enjoyable thing a chief can do during the day. They can be a lot of work and can create hard feelings regardless of the outcome. If you are seeing a lot of action in this area, try to find the cause and do what you can to prevent similar actions in the future. Conversely, do not be afraid to stand your ground when you are sure you are correct. Do your best not to take grievances personally, control your emotions and the irrational behavior that often follows, gather the facts, do your homework, and make the best decision you can on behalf of your organization.
RICHARD MARINUCCI has been chief of the Farmington Hills (MI) Fire Department since 1984. He was president of the International Association of Fire Chiefs in 1997-98 and chair of the Commission on Chief Fire Officer Designation. In 1999, he served as senior advisor to Director James Lee Witt of FEMA and acting chief operating officer of the United States Fire Administration for seven months as part of a loan program between the City of Farmington Hills and FEMA. He received the Outstanding Public Service Award from the director for his efforts. Marinucci has three B.S. degrees: in secondary education from Western Michigan University, in fire science from Madonna College, and in fire administration from the University of Cincinnati. He was the first graduate of the Open Learning Fire Service Program at the University of Cincinnati (summa cum laude) and was named a Distinguished Alumnus in 1995.
