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Administering the Employment Relationship
Step 1. Employee discusses grievance with the supervisor Step 2. Grievance put into writing and parties discuss the grievance; management puts response in writing Step 3. If unsuccessful, the grievance is appealed Step 4. Union decides whether to appeal to arbitration
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The employee may feel that he/she did not violate the contract, or that the discipline is too harsh
Unions and management prefer a grievance procedure rather than trying to stipulate all potential issues of future dispute
This will tend to rally the employees and increase future bargaining leverage
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The grievance procedures protect workers and render industrial justice Alternatives to grievances could cost management more to adjudicate If employees were to lose confidence in the procedures, they may turn to more costly and disruptive methods to solve their problems
Employer Interest in Labor Peace
Grievance procedures reduce the likelihood of work stoppages Some contracts allow workers to strike over health and safety issues, since they may be urgent and potentially lifethreatening
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The Unions Decision to Go to Arbitration It is not a simple matter for the union to decide to press a grievance to arbitration Arbitration is costly The union might drop the case even it is winnable but insignificant Unions must be careful to fulfill their duty of fair representation (DFR) to the affected employee
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The Connections between Grievance Procedures and Other Aspects of the Labor-Management Relationship
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This requires some means of addressing issues that arise during the term of the agreement in addition to the grievance procedure
Can be done with Letters of Agreement that are binding
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In 2005, the average cost of arbitration was $3,732, compared to typically more than $10,000 for litigation
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Expedited Arbitration Parties agree to speed the disputes and bypass certain steps and expedite time lines Grievance Mediation Third party functions as both a mediator and arbitrator Empowered to settle the dispute if mediation fails Mediation settlements are quicker and less costly than arbitration cases (in 1985 it was $309 versus $1,300, and 19 days versus 52 days)
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These procedures are often less consistent in ensuring fair treatment than union grievance procedures
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They help to resolve complaints and conflicts among employees and managers
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Courts have loosened the employment-at-will doctrine in recent years, but there is still controversy surrounding the due process rights of nonunion employees
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Nonunion Arbitration and Employment Laws Arbitration has long been a feature of union grievance procedure By contrast, use of arbitration has been far less common in the nonunion sector But mandatory arbitration has grown in the nonunion sector, from being rare in the 1990s to approximately 15 percent by the mid-2000s
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Summary
Grievance procedures provide a mechanism to settle disputes that arise during the term of the agreement They typically include successive steps Contracts are complex and thus require an interpretive procedure such as arbitration Arbitrators consider past practice in the workplace in their decision-making process Arbitrators decisions can be overturned on the merits of the case if public laws are applied
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