Several years ago, the NLRB ruled on this very argument. The NLRB rejected the argument that grievances are the “property” of the union. The Board ruled that unions must provide copies of grievances to grievants upon request.

As a result of this ruling, we must provide copies of grievances to grievants. The entire Executive Board recently affirmed this policy. Unions do not have to turn over their entire grievance file, but copies of any grievances and answers from management should be provided to grievants upon request.

DUTY OF FAIR REPRESENTATION GUIDELINES

The following guidelines should assist grievance handlers in avoiding the breach of the
duty of fair representation.

• All grievances should be carefully and thoroughly investigated to determine all the facts.

• Written records of such investigations should be carefully made and maintained. (Records should be saved for a minimum of seven (7) years.)

• Process the grievance promptly. Contract time limits should be strictly observed and any extensions must be dated with confirmation in writing.

• You should communicate with the grievant regularly to provide assurance of the Union’s interest, efforts and good faith.

• Decisions made regarding whether or not to pursue grievances and/or arbitration must be made solely on the merits of each case.

• Hostile or vindictive motivation must be avoided.

• Have a valid and justifiable reason(s) for any action(s) taken on a grievance.

• A decision to withdraw and/or settle a grievance along with the reason(s) should be communicated to the grievant.

• If a grievant requests copies of his/her grievance, copies must be provided (see letter).

• If contacted verbally by private counsel for the grievant, you should be courteous, but firm, informing them that the UAW is the exclusive representative for the grievant.

• If contacted in writing by private counsel on behalf of the grievant, you should refer the communication to your International Servicing Representative(s).

• If help or advice is needed on problems or borderline cases, you should contact your International Representative from the Region, and/or GM Department, who will contact the Legal Department, if necessary.