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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
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 Any grievance not appealed to the next succeeding step in writing within the time limits specified will be considered withdrawn and not eligible for further appeal (Management).
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
Figure 1712
Figure 1711
Figure 171
Nature of Unions
Union
A formal association of workers that promotes the interests of its members through collective action.
Figure 172
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
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
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 Universitys legal representative to fully prep for the hearing. The Universitys 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
Reference
MANAGING THE GRIEVANCE PROCESS, Kathy Irving, Employee/Labor Relations, web article. http://www.is4profit.com/businessadvice/employment/handling-grievance-and-disciplineprocedures/the-disciplinary-procedure.html