Chapter 11 Grievance

Grievance

Any formal complaint filed by an employee or union concerning any aspect of the employment relationship. A grievance is generally a perceived violation of a contract provision. Not just any "gripe"

"5 Ws" rule

Assembling crucial facts in a grievance: what happened, where did it happen, when did it happen, why is the complaint a grievance, who was involved.

Steps 1 Grievance Procedure

Employee, Steward, Supervisor Informal Resolution

Expense of grievance arbitration is a concern

Relationship between the parties determines the amount of disagreement regarding contract interpretation

Disciplinary Procedures

Should provide the worker with feedback State the problem State the preferred action State future expectations Describe disciplinary action

Steps 3 Grievance Procedure

Steward, Department Head Formal Resolution

Cost savings for Grievance Mediation

The average cost of mediation was $672 compared to $3,202 for arbitration

True or False A critical aspect of the disciplinary procedure is the face-to-face counseling provided by the supervisor

True

Progressive discipline for minor offenses for first offence?

oral warning

Progressive discipline for minor offenses for third offense

second written warning and suspension without pay

Progressive discipline for minor offenses for fourth offense

termination

Certain actions can lead to immediate discharge for the first offense:

*Discharge must be for "just cause" *Serious offenses are usually identified in the contract *"Workplace equivalent of capital punishment" *Arbitrators expect both parties to carefully adhere to the letter and spirit of the contract.

Disciplinary Procedures

*Every company at some time must administer corrective discipline *Both labor and management should support fair and effective disciplinary policies *Virtually all collective bargaining agreements outline disciplinary procedures *Management views the right and ability to discipline its employees effectively as the heart of maintaining a productive workforce *Protection from biased or arbitrary discipline has been a prime motive of union organizing campaigns

Labor-Management Relations Act

*Provides restrictions on employee discipline *Prohibits discipline for union-related activity *Prohibits discipline against stewards for giving assistance in the filing of a grievance

2005 study of___________cases over 24 years supports the use of grievance mediation in comparison to arbitration:

3,387

Progressive discipline Pg 491

A discipline system for addressing minor employee misconduct that usually includes several levels of penalties such as warnings, reprimands, suspensions, and, finally, termination. The objective is to inform an employee of inappropriate behavior and enable the employee to correct such behavior without serious or permanent consequences.

Employee misconduct

A wide range of offenses ranging from serious, such as fighting or threatening others, to minor offenses, such as failing to punch a timecard, can be considered examples of misconduct.

Clarifying contract provisions under changing conditions

After contracts are agreed on and signed by both parties, unforeseen circumstances may change some operations Disagreement may arise on the contract provisions relevant to the new operation

Last Chance Agreement Pg 491

Agreement between the union and the employer that allows an employee who was fired for misconduct his job back with the condition that if the employee violates the LCA he will be discharged without right of an appeal.

Public- and private-sector grievances processed in the same way

At the federal, state, and local levels, grievance arbitration procedures are very similar to the private sector Grievance arbitration has proved to be a more useful means of contract enforcement than strikes

Rectifying a contract violation

Contract cannot address all possible circumstances Contract can specify how debatable issues should be resolved Most common source of grievance is the union's honest belief that management has violated a provision of the existing contract

Agreement clarification

Contract interpretation All contracts contain some unintentional ambiguity/uncertainty Grievance procedure used to interpret contract in specific instances

Grievance procedure

Core of a continuous collective bargaining process A specified series of four or five procedural steps that aggrieved employees, unions, and management representatives must follow when a complaint arises Mechanism for administering the collective bargaining agreement Most grievance procedures entail four or five steps Employer's refusal to process a grievance may be a violation of the NLRA

Why Grievance Mediation

Cost savings Time savings Satisfaction with process Increased ability to resolve grievances

Employee Misconduct

Damaging Property Fighting/Violence Gambling Garnishment Sleeping or loafing on the job Horseplay Moonlighting Dress /Grooming & Discourtesy Off-duty misconduct Dishonesty

Show of power

Employees and union officials file grievances to demonstrate their authority and influence *Union officials may need to remind members that they are representing employee interests *Filing a grievance acts as a safety valve to employees who might otherwise express their normal anxiety and frustration in more harmful ways

Recommended disciplinary policies

Explain company rules Get the facts Act Timely Give adequate warning Ascertain motive Consider employee's past record Discipline without discharge

Advantages of Grievance Mediation

Faster resolution of issues compared to arbitration Both parties may present their case to mediator Enables both parties to reevaluate their cases before proceeding to arbitration Federal Mediation and Conciliation Service provides the service without charge

Steps 5 Grievance Procedure

Final and BindingArbitration Before Neutral Arbitrator

Discipline and dismissal of the Public Sector Grievance Issues

Government employees have constitutional protection Disciplining or dismissing a government employee is a form of state action Constitutionally protected acts include: Privilege against self-incrimination Freedom of association Right to participate in partisan politics Freedom of expression

Arbitrators decide employee misconduct cases on

Management's consistent enforcement of the pertinent rules Management's compliance with the contract's disciplinary procedures The employee's work history An employee's length of service with the company

Increased pay

Many grievances stem from employees' beliefs that they are entitled to additional pay Management, believes that additional pay is not required

Due process

Most grievances provide arbitration by neutral, third-party intervention as a final step

Communication

Offers channel to express problems and perceptions Discuss perceived inequities in the workplace

A voluntary last step before arbitration (Grievance Mediation)

Offers the opportunity for a neutral, third party to assist the parties to reach their own settlement It is not a substitute for the process

Increased ability to resolve grievances with Grievance Mediation.

Participants (83%) indicated they were better able to resolve future grievances because they learned how to communicate better

Time savings for Grievance Mediation .

The average time to mediate a case was 43.5 days - compared to 473 days to arbitrate

Strength enhancement

The grievance mechanism helps unions develop employee loyalty and trust Formal grievance also strengthens management and labor's communication skills

Satisfaction with process of Grievance Mediation.

The participants who were "highly satisfied" with mediation included: 89% management, 68% union, and 47% grievants

Disciplinary procedures

The program of actions that an employer may take, as outlined in a collective bargaining agreement, against an employee who has violated work rules or policies

Formal grievance pg 486

The step in a grievance procedure at which the grievance is reduced to writing, usually on a grievance form.

Steps4 Grievance Procedure

Union Grievance Committee, Director of Personnel Formal Resolution

Support for future negotiations

Union members may be encouraged to file grievances on specific matters that may be used as evidence for the need to change the contract

Minor offenses

Utilize corrective action Do not discharge after first offense, provide multiple levels Specify escalating penalties for additional offenses

Last Chance Agreement

When an employee's misconduct becomes unacceptable, a last chance agreement (LCA) among the employer, union, and employee can be negotiated

Conflict management resolution

Without grievance procedures, parties would rely on harmful tests of economic strength to resolve disputes involving contract interpretation

Steps 2 Grievance Procedure

Written Grievance What happened? When did it happen? Who was involved? Where did it happen? Why is complaint a grievance?

Can an incident be removed from the employee's record if it is not repeated for a certain period of time

Yes

Penalty for minor offenses determined by

how often it has occurred

Gripe

complaint by employee concerning action by management that does not violate the contract

Serious offenses

warrant immediate discharge under normal circumstances without the necessity of prior warnings or attempts at corrective action

Progressive discipline for minor offenses for second offense

written warning