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Grievance Process
 

Grievance Process

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    Grievance Process Grievance Process Presentation Transcript

    • MANAGING THE GRIEVANCE PROCESS By Mahendra Srivastava v0806
    • Agenda
      • Introduction and Objectives
    • Objectives
      • At the completion of this workshop you will have gained an 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 with Employee/Labor Relations
    • 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
    • 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
    • If you Receive an Employee Grievance
        • First and foremost…
        • Don’t panic!
        • Hold your temper!
        • Take charge!
        • Consider the possibility of early settlement…
    • 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• Any grievance not appealed to the next succeeding step in writing within the time limits specified will be considered withdrawn and not eligible for further appeal (Management).
    • 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
    • Steps in the Grievance Process
      • The number of 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 Relations
      • Arbitration
    • Steps in the Grievance Process
      • ORAL GRIEVANCE:
      • Employee presents oral grievance to immediate supervisor within timeframe specified in Agreement.
      • Employee may request presence of union steward during discussion.
      • Supervisor provides written response to the oral grievance within timeframe specified in Agreement.
    • Steps in the Grievance Process
      • WRITTEN GRIEVANCE:
      • If the oral grievance is not satisfactorily adjusted:
      • The area steward can submit the grievance in writing to the department head (or designated representative) on a standard grievance form signed by the employee.
      • The grievance must be submitted in writing within the timeframe specified in the Agreement.
      • The department will arrange a grievance meeting between the department 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.
    • 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 the Agreement.
      • Employee/Labor Relations will arrange a grievance hearing meeting with the union staff representative, the aggrieved employee 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 the timeframe specified in the Agreement.
    • 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?
    • Conducting the Grievance Meeting
      • Discuss the matter rationally:
        • Review the grievance with the grievant and the representative.
        • Do not bargain with the grievant or the steward.
        • 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.
    • 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 assistance from Employee/Labor Relations.
        • Obtain acknowledgement of receipt of your answer from the grievant/steward, including time and date.
    • Preparing for Grievance Meeting with Employee/Labor Relations
      • Employee/Labor Relations will facilitate the process at this step. The process includes:
      • Schedule ‘prep’ meeting with the department/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 on record.
      • Discuss the format of the grievance meeting.
      • Provide written response.
    • 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.
    • Arbitration
      • Preparing for the Arbitration Hearing:
      • Once an Arbitration hearing date has been determined, the department will meet with Employee/Labor Relations and the University’s legal representative to fully ‘prep’ for the hearing.
      • The University’s 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
      • Parties lose control of dispute resolution
      • Costly
    • Question & Answer Session