Representing members

What follows is not a full guide to representing members, but sets out some basic principles.

Key points

• Members must be able to turn to TSSA in confidence.
• Help members as much as you can with your experience and knowledge.
• Contact the TSSA Helpdesk for advice if you need to.

When dealing with individual grievances, it is important to remember that individual matters are often sensitive or even embarrassing for the member involved, and that you should deal with them on a confidential basis. Members have a right to expect that you will not discuss their business with anyone who is not involved.

You should clarify at the outset of any discussion with a member whether the information being shared is confidential or not. In particular you should make members aware of the circumstances, if any, under which information might be shared with a third party.

You should, wherever possible, seek the consent of the individuals concerned for the disclosure of information.

When dealing with individual grievances, you will need to decide the following:

• does the member have a valid grievance?
• is management following current agreements?
• are there implications for other members?
• is the law being broken?
• are health and safety issues involved?

If you are unsure of the answers to any of these questions, it is often worth asking other reps if they have experienced the same problem before. If you are still unsure or if there is no-one else to ask where you work, the TSSA Helpdesk can advise you.

You should only take grievances further if that is what the member wants and if you think they have a valid argument. Advancing a grievance that you know is based on weak arguments wastes the member's time, your time and the time of the manager or managers involved.

If such a grievance case is rejected, the member may feel that TSSA has failed them and management may lose respect for your credibility as a rep.

If you do not think the member has a valid case, try to explain why and provide other options for improving the situation. If you have to tell them that they have no valid grievance under existing agreements, they are not going to be happy.

If you can add that you are going to survey other members to see if they want you to approach management to change the agreements, the member is more likely to respect your honesty and feel that at least their complaint has not been ignored.

Complicated cases

If the disagreement involves an allegation of harassment of any kind, again you should contact TSSA as these cases are both sensitive and complicated. 

Occasionally, you may come across grievances that involve disagreements between two TSSA members. In this case you should immediately contact the TSSA negotiator who deals with your company. This is because TSSA must provide representation for both sides. 

As with a grievance case, if a member approaches you because they are being disciplined or they are scared they will be disciplined, you need to establish all the facts and make sure you understand the disciplinary procedure.

It is important that you make sure the member understands the possible consequences if the disciplinary hearing goes against them. In serious cases, these consequences could include dismissal.

Human nature means that you will need to be especially careful in finding out all the facts of the case. Someone who is facing a disciplinary charge is likely to remember the facts that support their case more easily than facts that are more uncomfortable.

You should try to talk to independent witnesses if you can, as management almost certainly will. You will also need copies of any witness statements taken by management, even if the statements have been made anonymously.

It is your responsibility to check that managers follow their own procedures properly. If they make mistakes they may try to argue that this can be dealt with on appeal. You should not accept this argument and should make a note of anything you believe was handled incorrectly so that if the case comes to an appeal the procedural mistakes can be raised by TSSA staff.

Don't let managers rush you into a disciplinary hearing. You are perfectly entitled to insist on having enough time to prepare your case properly. Remember – your member is innocent until proven guilty and has the right to go through a proper disciplinary process.