Professional Documents
Culture Documents
GROUP 4 Report (Grievance)
GROUP 4 Report (Grievance)
• Follow up action should be taken to know What services are provided by the
the response of the forced employee. This is EAP for employees?
to make sure that he is happy or not! At the - Assessment
end of the day the satisfaction of the - Short-term counseling
aggrieved party is necessary. - Coaching
- referrals services
- Follow up
SYMPTOMS OF A
TROUBLED EMPLOYEE:
Reasons for Making a Management
How to Spot a troubled employee?
Referral
Lateness
- Violations of company policy
Friction with co-Workers - Harassments
- Safety issues Not all grievances are qualified for
- Threat of Violence hearing. For example, under the grievance
- Attendance issues statues, grievances that relate solely to
- Performance issues layoffs, transfers, assignments, or the
content of personnel policies, cannot
- Emotional instability of an employee
proceed on to a hearing. On the other hand,
- On-the-job impairment or possession
some issues are automatically qualified for
hearing, such as formal discipline or
The Sometimes Speech dismissal for unsatisfactory performance.
Attorneys serving as Administrative Hearing
"Sometimes job problems like these are the
Officers conduct hearings in qualifying
result of things going on outside the workplace. grievances. Even if your concern is about an
The company does have an Employee issue that cannot be qualified for hearing, it
Assistance Program. It's free and it's is important to note that many grievances
confidential. It has helped a lot of people." result in resolution during the management
steps, without a grievance hearing. For more
There are two possible types of information regarding the grievance process
management referrals contact the EDR Advice Line at 1-888-23-
ADVICE (1-888-232-3842).
Voluntary - The manager reminds the
employee of the EAP benefit and informs them Grievance procedures are a means
that it is available to assist the employee with a of dispute resolution that can be used to
wide range of issues. The manager reminds them address complaints by employees against
the EAP service is free and confidential. management or to settle disputes between a
company and its suppliers, customers, or
Required/Mandatory - The manager
competitors. The best-known application of
informs the employee that a referral to the EAP
grievance procedures is as a formal process
is being made based upon some documented or outlined in labor union contracts. "The term
observed reason (performance, conduct, and grievance as it appears in the written
attendance). Participation in the EAP may relate contract refers to a formal complaint by
to other company policies. people who believe that they have been
wronged by a management decision. In fact,
studies show that 95 percent of collective
bargaining agreements include procedures
A grievance can have up to four for filing and resolving grievances between
phases: labor and management, usually through the
process of arbitration.
(1) The management resolution
steps; But grievance procedures do not necessarily
have to be so formal and elaborate. In small
(2) Qualification for hearing; businesses, the procedures may consist of a
few lines in an employee manual or the
(3) Hearing; and designation of a single ombudsman to deal
with problems as they develop. Peer review
(4) Review of the hearing decision. of employee concerns is another popular
way to address grievances. On the other
hand, some larger companies may create an issues. In some cases, the settling of
entire department dedicated to fielding grievances becomes a sort of scorecard that
complaints from employees or customers. reinforces an "us versus them" mentality
between labor and management. In other
Whatever form they may take grievance cases, employees are hesitant to use the
procedures are intended to allow companies grievance process out of fear of
to hear and resolve complaints in a timely recrimination. Some studies have shown that
and cost effective manner, before they result employees who raise grievances tend to
in litigation. Knowing that formal have lower performance evaluations,
procedures are available often encourages promotion rates, and work attendance
employees to raise concerns or question afterwards. This suggests that some
company policies before major problems employers may retaliate against employees
develop. It also tends to makes managers who raise complaints. It is vital that a
less likely to ignore problems, because they company's grievance procedures include
know that upper management may become steps to prevent a backlash against those
involved through the grievance process. In who choose to use them.
union settings, grievance procedures help
protect employees against arbitrary A TYPICAL GRIEVANCE PROCESS
decisions of management regarding
discipline, discharge, promotions, or In a union environment, a typical grievance
benefits. They also provide labor unions and procedure begins with an employee
employers with a formal process for presenting a problem to his or her immediate
enforcing the provisions of their contracts. supervisor within a certain time period after
the offending event has occurred. The
Although having grievance procedures in supervisor then has a set amount of time to
place is important in both unionized and either respond or send the grievance on to be
non-unionized settings, companies must addressed by the head of the department. At
support their written policies with consistent this point, a union representative enters the
actions if they hope to maintain good negotiations on behalf of the employee. If
employee relations. "To make the grievance the situation is still not resolved, the
procedure work, management and the union grievance continues up the chain of
have to approach it with the attitude that it command to the plant manager and the
serves the mutual interests of management, president of the local union. If the labor
employees, and the union," Scarpello, union fails to follow the procedures at any
Ledvinka, and Bergmann wrote. "An point, the contract usually specifies that it
effective grievance procedure helps must drop the grievance. Conversely, the
management discover and correct company is usually obligated to resolve the
problems in operations before they cause grievance in the employee's favor if
serious trouble. It provides a vehicle management fails to follow the procedures
through which employees and the union outlined in the collective bargaining
can communicate their concerns to upper agreement.
management."
If the situation still cannot be resolved, the
For grievance procedures to be effective, final step in the grievance process is for both
both parties should view them as a positive parties to present their side to an arbitrator.
force that facilitates the open discussion of The arbitrator's role is to determine the
rights of both parties under the labor Take notes during the conference.
agreement, and his or her decision is usually 4. Get the main point of the company's
final. The labor contract generally specifies argument.
the type of arbitrator used the method of Try to narrow the area of difference between
selecting the arbitrator, the scope of the union and company. Listen intently and look for
arbitrator's authority, and the arrangements solutions to the problem that the company may
for the arbitrator's payment. A potential feel it can only reveal by subtle implications,
intermediate step involves presenting the hints, indirect suggestions, or body language.
grievance to a mediator, whose job is to 5. Disagree with dignity.
help the parties solve their own differences Avoid getting excited, angry or hostile. On rare
before they reach the formal arbitration
occasions, after you have reasoned that there
phase. Mediation is usually less time
would be an advantage to the union, such
consuming and expensive than arbitration.
behavior may be advisable. The steward is
In addition, the mediator may be able to
cautioned to keep him/herself under complete
teach the two parties dispute resolution skills
that may be helpful in solving future control less he/she lose the advantage. Donít get
problems. goaded into anger. When the company has no
case at all, they may try to provoke you.
PRESENTATION OF 6. Avoid unnecessary delays. Justice delayed
is justice denied.
GRIEVANCE: If the company asks for more time, try to
determine whether it is an attempt to stall or it is
1. Prepare the case beforehand.
based on a sincere desire for more facts needed
Have your facts down in writing. Organize and
to settle the case. If the company is not trying to
understand your notes to guide your
stall, you should grant a reasonable extension.
presentation. Be confident. Anticipate the
You may need to go back to the company on
company's argument and have your answers
another grievance and ask for more time.
ready. Make an effort to talk to the worker alone
But when company delays are intentional, the
before you meet the supervisor.
more time that passes, the "cooler" the grievance
Talk the case over, if necessary, with other
becomes and the less support you will get from
representatives, your committee people, or
the worker or workers involved. The more
others who might help you.
grievances that are piled up in the procedure, the
2. Avoid arguments among union people in
more likely that the company will try to
the presence of the company.
"horsetrade" a settlement of a few grievances for
Once you are in the meeting with management,
dropping of others.
maintain a united union front. If you have a
7. Settle the grievances at the lowest possible
difference of opinion during a meeting, take a
step of the grievance machinery.
recess and iron the problem out in private. It
But make sure they are properly settled. It helps
does not look unprofessional to call a short
to build better relationships in the department.
recess. If the grievant looks as if he or she is
The union representative will feel like the vital
damaging the case, stop the meeting and ask for
part of the union that he/she is. The union
a short break until things calm down.
representative also wins respect from the
3. Stick to the point, avoid getting led off on
members of his/her department. Don't pass the
side issues by the company.
buck. If you can settle the grievance in the first
Insist on discussing the issue raised by the
step, do so.
grievance only, nothing else.
8. The burden of proof is on the supervisor.
In discipline cases, this is true. In money
grievances, you might try to apply the same
strategy. Let the supervisor try to justify and
prove that the action he/she has taken is correct.
Don't try to show where he or she is wrong. Let
the supervisor first carry the burden of proof in
telling you how he/she is right.
9. Avoid bluffing
It is only a matter of time until your bluff is
called; it is in the long run wiser to develop a
reputation for honesty.
10. Maintain your position on a grievance
until proven wrong.
Avoid hasty conclusions that you were wrong.
Take time to give the matter considerable
thought.
11. Be prompt...Follow the grievance
through.
Refer the grievance to the next step when not
settled. Give the representative above you all the
facts; also the arguments used in your discussion
with the supervisor. Don't allow the grievance to
lay around.
Delayed grievances mean delayed justice. Keep
a constant check on the progress of the
grievance and at what step it is. Report back to
the grievant and the department--they're
concerned too.
12. Enforce the contract!
Contract adminsitration is a day-to-day activity
and should involve the stewards and the rank-
and-file. The best contract in the world has no
value if the workers and the union
representatives do not require the company to
live up to its terms.
GROUP 4
REPORT
ABIGAIL SARTE
PAM GUMERA
CRISTINA UBALDO
EFREINE AMBROSIO
JANINE MIRA
MICHAEL GAMBOA