Lecture 8 Grievance Handling Process.p

7/27/2019 Lecture 8 Grievance Handling Process.p

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MANAGING THE

GRIEVANCE PROCESS

Dr Nazrul Islam

East West University

v0806


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Agenda

Introduction and Objectives


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Objectives

At the completion of this workshop you will have gainedan 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 withEmployee/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

Dont 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/sectiontitled Grievance Procedure for the applicable timelimits for receiving and responding to grievances.

Also note:Any grievance not answeredwithin the time limitsspecified shall be submitted to the next step (Union).

Any grievance not appealed to the next succeedingstep in writing within the time limits specified will beconsidered withdrawn and not eligible for furtherappeal (Management).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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The numberof 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

RelationsArbitration


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ORAL GRIEVANCE:

Employee presents oral grievance to

immediate supervisor within timeframespecified in Agreement.

Employee may request presence of unionsteward during discussion.

Supervisor provides written response to theoral grievance within timeframe specified in

Agreement.


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WRITTEN GRIEVANCE:

If the oral grievance is not satisfactorily adjusted:

The area steward can submit the grievance in writing to thedepartment head (or designated representative) on a standardgrievance form signed by the employee.

The grievance must be submitted in writing within the timeframespecified in the Agreement.

The department will arrange a grievance meeting between thedepartment 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 theAgreement.

Employee/Labor Relations will arrange a grievance hearingmeeting with the union staff representative, the aggrievedemployee 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 thetimeframe 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 thesteward.

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 assistancefrom 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 atthis step. The process includes:

Schedule prep meeting with thedepartment/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 onrecord.

Discuss the format of the grievance meeting.

Provide written response.


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Arbitration

If the matter is not satisfactorily adjusted in theprevious step (Employee/Labor Relations), oran answer is not given within the timespecified, the union may, by written notice,request the grievance be advanced to anarbitrator.

Arbitration is a method of settling disputesthrough an impartial third party whosedecision 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 theUniversitys legal representative to fully prep

for the hearing.

The Universitys 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

Documents

Lecture 8 Grievance Handling Process.p