GRIEVANCE REDRESS MECHANISM Grievance The concept grievance has been defined in several ways by different authorities. Some of the definition is as follows: Beach defines grievance as any dissatisfaction or feeling of injustice in connection with ones en1ployment situation that is brought to the notice of management. Juices defines a grievance as any discontent or dissatisfaction, whether exposed or not, whether valid or not, arising out of any thing connected with the company which an employee thinks, believes or even feels to be unfair, unjust or inequitable. If we analyses the above definitions, we can say that grievance is a sign of employees discontent with job and its nature. Characteristics of Grievancesa) Factual - You are aware that the employer and employee relations depends upon job contract and the contract indicates the norms and conditions which the employee expect should be followed by the employer. Failure to follow the norms is a situation of grievance.b) Imaginary - When the job contract is not clear cut on the norms, the employee develop such needs, which the organization is not obliged to meet, such grievances are called imaginary.c) Disguised - In general, the Organization consider the basic requirements of their employees. The employees feel disguised if they do not get recognition, affection, power achievements etc. Hence the employer should also consider this problem.
Need for Grievance Procedure(i) Most grievances seriously disturb the employees. This may affect their morale, productivity and their willingness to cooperate with the organization before the explosive situation develops, the management should take corrective measures.(ii) It is not possible that all the complaints of the would be settled by fist time supervisors because of lack of training and authority to settle the dispute.(iii) The employees are entitled to legislative, executive, and judicial protection, from grievances redressal procedure, which also acts as a means of communication.(iv) It serves as a check on arbitrary actions of the management because supervisors know that the employees are likely to see to it that their protest doe_ not reach the higher management. NATURE AND CAUSES OF GRIEVANCES The nature of grievance has to be identified. A grievance is a problem and submitted by the employee or several employees of different types. To maintain good industrial relation, it the duty of the management that if the demands as made by the employees are under the statuary provisions, there should be promptness is settling the demands. Causes of Grievance Procedure • Demands for individual wage adjustment • Complaints about incentive system • Complaints about job classification • Complaints against certain supervisors or foreman • Complaints against disciplinary measures and procedures Objection to the general methods of supervision • Loose calculation and interpretation of seniority rules and unsatisfactory
interpretation of agreements• Promotions• Disciplinary discharge or lay-off• Transfer for another department or another shift Inadequacy of Safety and health services/devices• Non -availability of materials in time• Violation of contracts relating to collective bargaining• Improper job assignment• Undesirable or unsatisfactory condition of work• Victimization Pre requisite of Grievance Procedure a. Conformity with Prevailing Legislation b. Clarity c. Simplicity d. Promptness e. Training f. Follow-up Basic Elements of Grievance Procedure The basic elements of grievance redressal procedure are; A. The existence of sound channel B. The procedure should be simple, definite and prompt C. Steps to handle the grievance should be clearly defined
It should comprise: a). Receiving and defining the nature of grievance b). Getting at the relevant facts about the grievance c). Analyzing the facts from economic, legal social issues d). Taking an appropriate decision after careful consideration of all the factysd) Communicating the decision to the aggrieved employee Errors in the Grievance Procedure i) Stopping too soon the search of the facts ii) Expressing opinion without going through the fact of the case iii) Non maintenance of proper record iv) Resorting to executive way of handling the case v) Communicating the decision in improper way vi) Taking wrong or hasty decision Measure to avoid the errors Helpful attitude Belief to follow the right procedure Introduction of procedure with -the concurrence of employees and union Following the simple, fair and easy procedure Formulating the clear policies and procedure Delegation of proper authority Functioning of personnel department as advisory head Fact oriented and issue oriented working Grievance Interview
The Open Door PolicyGrievance ProcedureThe National Comn1ission on Labour Has provided for the successive time boundsteps each leading to the next in case of lack of satisfaction:Grievant Employee N.S. Foreman N.S.Supervisor N.S.Head Of the Department N.S.Grievance Committee N.S. Manager N.S.Committee of Union and N.S.Management RepresentativesVoluntary Arbitration………
Dos and Dons in handling grievances;Dos1. Investigate and handle every case in proper manner;2. Talk with the employee about his grievance3. Get the union identify specific contractual provisions allegedly violated4. Enforce the contractual time limit5. Determine whether all procedural requirement, as prescribed by the agreements are complied with6. Visit the work are where the grievance arose. 7. Examine the relevant contract provisions8. Determine if there has been equal treatment to all the employees9. Determine if there were any witness10. Examine the grievants personal record11. Fully examine prior grievance record12. Permit a full hearing of the issue13. Identify the relief the union is seeking14. Treat the union representative as your equal, 15. Hold your grievance discussions privately16. Provide the grievance process to non-union members as well17. Satisfy the union rights to relevant information18. Demand that proper productivity level is to be maintained during the process of redressal19. Fully inform your superiors
Donts 1. Discuss the case with the union steward alone 2. Make arrangement with the individual that are inconsistent with the labour agreement; 3. Apply the grievance remedy to an improper grievance 4. Hold back the remedy if the company is wrong; 5. Admit the binding effect practice 6. Relinquish your authority to union 7. Settle the grievance ignoring labour agreement 8. Bargain over items not covered by the contract 9. Concede implied limitations on your management rights 10. Argue grievance issue off the work premises11. Commit the companies in areas beyond your limits of responsibility 12. Give away copy of your grievance 13. Discuss the grievance during illegal work stoppage 14. Settle a grievance when you are in doubt 15. Support another supervisor in hopeless case 16. Refer a grievance to different form of adjudication 17. Overlook the precedent value of prior grievance settlement 18. Give long grievance answer 19. Deny the grievance on one or the other pretext that 20. Agree to formal amendment in the contract Guiding Principles of Grievance Procedure Conformity with legislation, simple and expeditious, settlement at lowest level, employees should be guided to forward grievance to the right person and the person who is authorized should have power.