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MANAGING THE

GRIEVANCE PROCESS
By:- Udita
Prachi
Bhavna
1
Asheesh
Vishal
Pupul

v0806
AGENDA

Introduction and
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Objectives
OBJECTIVES
At the completion of this workshop you will have gained an
understanding of:
 The Purpose of the Grievance Procedure
 How to Prevent a Grievance
 Grievance Timelines
 Benefits of Early Settlement
 Steps in the Grievance Process
 Preparing for a Grievance
 Conducting the Grievance Meeting
 Preparing the Grievance Response
 Preparing for the Grievance Meeting with
Employee/Labor Relations
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PURPOSE OF THE GRIEVANCE
PROCEDURE
 Allow union members to appeal decisions and resolve problems
 Allow employees to voice concerns regarding:
 Interpretation of Agreement
 Application of Agreement
 Compliance with Agreement
 Corrective Action
 Past Practice
 Mutuality (known by both parties)
 Consistency

 Bridge Effect (more than one contract)

 The contract is silent (practice cannot contradict contract)

 Keep lines of communication open


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HOW TO PREVENT A GRIEVANCE
 Identify potential causes
 Correct problems promptly

 Encourage corrective suggestions

 Establish and reaffirm policies and work rules

 Communicate and give advance notice of changes

 Keep employees informed of their progress

 Be objective

 Learn to listen

 Be consistent

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IF YOU RECEIVE AN EMPLOYEE
GRIEVANCE

First and foremost…

 Don’t panic!
 Hold your temper!
 Take charge!
 Consider the possibility of early settlement…

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GRIEVANCE TIMELINES
Refer to the appropriate union contract article/section
titled “Grievance Procedure” for the applicable time
limits for receiving and responding to grievances.

Also note:
Any grievance not answered within the time limits
specified shall be submitted to the next step (Union).

Any grievance not appealed to the next succeeding step


in writing within the time limits specified will be
considered withdrawn and not eligible for further appeal
(Management).
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BENEFITS OF EARLY SETTLEMENT
At any point during the grievance process, the parties can
agree to an early settlement. The benefits include:
 Quick resolution

 Employee frustration avoided

 Supervisor/Steward credibility

 Union/University credibility

 Respect of employees gained

 Prolonged conflict avoided

 “Local” control maintained

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STEPS IN THE GRIEVANCE PROCESS
The number of steps in the grievance process differ
according to the union involved, but each contain the
following:
 Oral Grievance

 Written Grievance

 Grievance Advanced to Employee/Labor Relations

 Arbitration

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STEPS IN THE GRIEVANCE PROCESS
ORAL GRIEVANCE:

 Employee presents oral grievance to immediate


supervisor within timeframe specified in Agreement.
 Employee may request presence of union steward during
discussion.
 Supervisor provides written response to the oral
grievance within timeframe specified in Agreement.

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STEPS IN THE GRIEVANCE PROCESS
WRITTEN GRIEVANCE:

If the oral grievance is not satisfactorily adjusted:


 The area steward can submit the grievance in writing to the
department head (or designated representative) on a standard
grievance form signed by the employee.
 The grievance must be submitted in writing within the timeframe
specified in the Agreement.
 The department will arrange a grievance meeting between the
department head (or designated representative) and the grievant, the
steward, and/or Business Agent of the union.
 The Department shall submit a written response to the grievance
within timeframe specified in Agreement.
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STEPS IN THE GRIEVANCE
PROCESS

GRIEVANCE ADVANCED TO EMPLOYEE/LABOR RELATIONS:

If the matter is not satisfactorily adjusted in the previous (written) step,


or an answer is not given within the time specified:
 The written grievance previously submitted shall be forwarded to
Employee/Labor Relations within the timeframe specified in the
Agreement.
 Employee/Labor Relations will arrange a grievance hearing
meeting with the union staff representative, the aggrieved employee
and management.
 Employee/Labor Relations will arrange a meeting prior to the
actual grievance hearing for the purpose of preparation
(management).
 Employee/Labor Relations shall reply to the grievance within the
timeframe specified in the Agreement.
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PREPARING FOR A GRIEVANCE
 Investigate the complaint and organize the case before
the meeting by determining the following:
 Who is involved?
 Where did the situation occur?
 When did the incident occur?
 Why did the situation occur?
 What are the circumstances?
 What was the impact to the operation/business as a result
of the situation/incident?
 What remedy is the grievant seeking?

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CONDUCTING THE GRIEVANCE
MEETING
 Discuss the matter rationally:
 Review the grievance with the grievant and the
representative.
 Do not bargain with the grievant or the steward.
 Be certain that you have all of the information you need
before responding.
 Do not respond to a demand for an “instant” answer. A
possible exception is a matter of health and/or safety.

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PREPARING THE GRIEVANCE
RESPONSE
 Adhere to the timeline for your response.

 Provide an answer that is concise and complete. Brevity is


important. If you need help in providing an answer, obtain
assistance from Employee/Labor Relations.

 Obtain acknowledgement of receipt of your answer from the


grievant/steward, including time and date.

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PREPARING FOR GRIEVANCE
MEETING WITH EMPLOYEE/LABOR
RELATIONS
Employee/Labor Relations will facilitate the process at this
step. The process includes:
 Schedule ‘prep’ meeting with the
department/management before the date of grievance
meeting.
 Serve as hearing officer.
 Determine who should be involved in the meeting,
including identifying any witnesses.
 Determine what information must be captured on record.
 Discuss the format of the grievance meeting.
 Provide written response.

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ARBITRATION
If the matter is not satisfactorily adjusted in the previous
step (Employee/Labor Relations), or an answer is not
given within the time specified, the union may, by written
notice, request the grievance be advanced to an
arbitrator.

Arbitration is a method of settling disputes through an


impartial third party whose decision is final and binding.

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ARBITRATION
Preparing for the Arbitration Hearing:
 Once an Arbitration hearing date has been determined,
the department will meet with Employee/Labor Relations
and the University’s legal representative to fully ‘prep’
for the hearing.
 The University’s legal representatives lead the
Arbitration process.

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ARBITRATION
The Arbitration Hearing:
 The Union presents their case first if it is a non-
disciplinary matter. Otherwise, the Employer goes first.
 The burden of proof is on the Union for all issues except
discipline. Otherwise, the burden is on the Employer.

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ARBITRATION
Arbitration as a last resort:
 A quasi-judicial process

 Gives arbitrator power to issue a decision/award which


may result in:
 a win-lose situation
 an Arbitrator-crafted decision

 Parties lose control of dispute resolution


 Costly

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QUESTION & ANSWER SESSION

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