Grievance & Grievance

Management
 Content
• Definition
• Objectives
• Benefits of early settlement
• Grievance process
• Handling grievance
• Discipline procedure
• Arbitration
• summary
 Grievance – Definition
Definitions
• HR: Specific complaint or formal notice of employee
dissatisfaction related to adequacy of pay, job
requirements, work conditions, other aspects of
employment, or an alleged violation of a collective
bargaining agreement.
• An actual or supposed circumstance regarded as just cause
for complaint.
• A complaint or protestation based on such a circumstance.
• Law: (1) Injury, injustice, or wrong that affords reason for
resistance or a formal expression as a complaint. (2) The
complaint itself.
 Objectives
• 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
 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
 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
 If you Receive an Employee
Grievance
First and foremost…
– Don’t panic!
– Hold your temper!
– Take charge!
– Consider the possibility of early settlement…
 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within the time limits specified will be considered withdrawn and not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).
 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
 Grievance Management
• Complaint
– Indication of employee dissatisfaction
• Grievance
– A complaint formally stated in writing
• Grievance Procedures
– Formal channels of communications used to
resolve grievances.
– Union representation (Weingarten) rights
Steps in a Grievance Procedure

Figure 17–12
Typical HR Responsibilities:
Grievance Management

Figure 17–11
Factors Leading to Employee
Unionization

Figure 17–1
 Nature of Unions
• Union
– A formal association of workers that promotes the
interests of its members through collective action.
• State of U.S. Unions
– Focused on economic issues—wages, benefits, job
security, and working conditions.
– Organized by kind of job and employer.
– Seek multi-year collective agreements on economic
issues as “contracts.”
– Maintain competitive relations with management.
Typical Division of HR
Responsibilities:
Labor Relations

Figure 17–2
 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
 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.
 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.
 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.
 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?
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.
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.
 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.
 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.
Handling Grievance & Discipline
Procedures
 Handling Grievance
• ensure you're familiar with the procedure and apply it
correctly
• hold any grievance hearing in private without interruptions
• where a grievance relates to the person's line manager,
ensure that the employee can raise the grievance with
someone else
• listen carefully to the person's explanation of the problem
and consider whether there is a deeper issue which might
be the root cause of the grievance
• listen to any conflicting points of view
• weigh up all evidence to see whether there is an issue you
need to address
• decide what action to take, trying to balance fairness to the
person without compromising the business or other
workers
• inform all concerned parties of your decision and the
appeal process
• ensure you resolve any problems relating to policies,
procedures or conduct where the grievance procedure
highlights these
• keep the process as confidential as possible
 The Disciplinary Procedure
• be in writing
• specify who is covered
• be non-discriminatory
• provide that matters will be dealt with promptly
• state that proceedings, witness statements and
records will be confidential
• indicate the disciplinary actions that may be taken
• specify who has the authority to take each form of
disciplinary action
• say that the workers will be informed about complaints and
any evidence before the hearing
• state that workers can state their case before a decision is
made
• provide the right to be accompanied by a colleague or trade
union official
• ensure that, except for gross misconduct, no worker is
dismissed for a first breach of discipline
• ensure the case be investigated before any action
• ensure that all penalties are fully explained
• set out the rights and procedures for appeal
 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.
 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.
 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
 Reference
• MANAGING THE GRIEVANCE PROCESS, Kathy
Irving, Employee/Labor Relations, web article.
• http://www.is4profit.com/business-
advice/employment/handling-grievance-and-discipline-
procedures/the-disciplinary-procedure.html