Employee GrievancesPresented by :JONNALYN M. SANCHEZMAEd in Educational Management
provides a systematic process for hearing and evaluating the complaints of employees
protects the right of employees and eliminate the need for strikes every time a disagreement occurs about the labor contract.
provide a systematic process for handling problem employees.
its goal is to help employees perform better; but if they fail to respond, a procedure is needed for firing them as a last resort
is a complaint about an organizational policy, procedure or managerial practices or discomfort,
whether it is valid or not ( Paul Salipante and Rene Brownen)
Grievance in unionized firms , it refers to any question by either the employer or the union regarding the interpretation of the collective bargaining agreement or company personnel policy or any claim by either party that the other party is in violation of any provision of the CBA or company personnel policy
Grievance in non- unionized firms , it defines as any discontent or sense of injustice, even criticisms that are never expressed by employees
Grievance referred to in Title VII- A of the Labor Code is a dispute or controversy between the employer and the collective bargaining agent arising from the interpretation or implementation of their CBA and/ or those arising from the interpretation or enforcement of company personnel policies, for the adjustment and resolution of which the parties have agreed to establish a machinery or a series of steps commencing from the lowest level of decision- making in the management hierarchy and usually terminating at the highest official of the company
Causes of Grievances 1. Differing application and interpretation of the Collective Bargaining Agreement
Grievance frequently arise due to unclear contractual language that creates differing interpretation, application and administration of its provision .
Causes of Grievances 2. Perceived unfair treatment of the employee by the supervisor or ineffective or inadequate supervisor or ineffective or inadequate supervision
Grievances usually arise when supervisors behave dictatorially, when they refuse to listen to employees’ complaints, when they are unfair or inconsistent in disciplinary actions, when they give inadequate or unclear instructions, or actions, or when they fail to keep employee informed.
Causes of Grievances 3. Violation by management of the labor of agreement or violation of the law
Causes of Grievances 4. Grievances inspired by the Union leaders
Some union stewards are oriented towards submitting grievances. Even when he offended employees decides not to file the grievance , some stewards will file the grievance in the name of the union.
Some union representatives solicit grievances because they want to retain their position in the union.
Causes of Grievances 5. Lack of clear- -cut company labor policy
This may cause confusion or misunderstanding on the part of the employees especially when there is no union to protect their interest or no effective employer- employee channels of communication exist.
Who Can File a Grievance
Generally, employees initiate a grievance. Labor Code of the Philippines ,Article 225 states that an individual employee or group of employees shall have the right or present grievances to their employer
Who Can File a Grievance
The union, selected or designated by the majority of the employees being their exclusive bargaining representative, generally recognized as having the right to initiate, file or present grievance, either with regard to their rights as unions under, or with regards to the rights of employees, whether collective or individual.
Who Can File a Grievance Thirdly, while employers do not as general rule initiate a grievance, it would be prudent to include in the CBA granting the employer such right, especially in cases where the employer may wish to use the grievance machinery to resolve a question over a vague or indefinite provision of a CBA
Grievance Procedures in Unionized Firms as Provided in their CBA 1. The employee who has a grievance or claim shall submit this to his immediate supervisor. 2. Submitting the grievance to the employee’s union representative.
Grievance Procedures in Unionized Firms as Provided in their CBA 3. Appealing the grievance to the top management representative with the top union officials. 4. Submitting the grievance to arbitration.
To reduce the grievances that are appealed, supervisors are encouraged to follow these recommendations: 1. Receive and treat all complaints seriously and give the employee a full hearing.
2.Get the fact by handling each case as though it may eventually result in arbitration. This can be done by checking very angle of the complaint, checking the provision of the existing CBA, the company policy, Examining the employee’s record.
3. Carefully examine all the evidence before making a decision. Avoid lengthy delays.
4. Follow- up to make sure the plan of action is properly carried out by means of correcting conditions which could result in a similar grievance happening again.
Responsibility of the Union Steward and Foreman in Handling Grievances Union stewards and foreman must see to it that grievances are presented only when there is real basis for complaint or there is a need for a decision. If the stewards are convinced that the worker does not have a real case, it is better to tell him right away.
Responsibility of the Union Steward and Foreman in Handling Grievances The foreman or supervisor on the other hand , should be trained in the human relation aspect of their jobs. They should be ready to listen first before they start debating with the employees.
Arbitration is a quasi- judicial process in which the parties agree to submit an unresolved dispute to a neutral third party for binding settlement.
Voluntary arbitration represents the final stage in the dispute resolution process
Scope of Voluntary Arbitration Unresolved Grievances arising from CBA . 2. Unresolved grievances arising from personnel policy enforcement and interpretation including disciplinary cases.
Scope of Voluntary Arbitration 3. Under Article 262 of the Labor Code, all other labor disputes including unfair labor practices and bargaining deadlocks may also be submitted to voluntary arbitration upon agreement of the parties
Scope of Voluntary Arbitration 4. All unresolved wage distortion cases as a result of the application of the wage orders issued by any Regional Tripartite Wages and Productivity Board in establishments where there is collective bargaining agreement or recognized laborunion.
Scope of Voluntary Arbitration 5. All unresolved disputes, grievance, or other matters arising from the interpretation and implementation of a productivity incentives program which remains unresolved within 20 calendar days from the time of the submission to labor management committees.
Voluntary Arbitrator defined as any person accredited by the National Conciliation and Mediation Board, or anyone named or designated in the CBA by the parties, to act as their voluntary arbitrator.
Authority of an Arbitrator 1. General Authority to investigate and hear the case upon notice of the parties and to render a decision based on the contract and record of the case.
Authority of an Arbitrator 2. Incidental authority to perform all acts necessary to an adequate discharge of his duties and responsibilities like setting and conducting of hearing, attendance of witnesses and proof documents and other evidences, fact finding and other modes of discovery, reopening of hearing, etc.
Authority of an Arbitrator 3. Special power in aid of his general contractual authority like the authority to determine arbitration of any particular dispute and to modify any provision of the existing agreement upon which a proposed change is submitted to arbitration.
Processing the Grievance 1. Identification of the issue or issues involved 2. Developing its factual basis or background. 3. Determining the contract provisions involved. 4. Evaluating the merits of the grievance in the light of the factual background and applicable rules. 5. Working out a fair and just settlement.
Grievance Procedures in Non- unionized Firms 1. Presentation of employee problem/s to the foreman or supervisor who is expected to settle the problem within the specified period.
Grievance Procedures in Non- unionized Firms 2. If not satisfied, the employee can elevate the complaint to the next higher level to resolve the grievance.
Grievance Procedures in Non- unionized Firms 3. The problem or case may be taken to arbitration for final decision if no satisfactory solution has been reached by the above procedures.