Grievance Process

  • 19,362 views
Uploaded on

 

More in: Business , Technology
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
  • http://www.slideshare.net/D0u9l45
    Are you sure you want to
    Your message goes here
  • Great piece of work; well researched and objective!
    Are you sure you want to
    Your message goes here
  • Very timely content as I'm going into a similar situation at work. Thank you - it's made me much more confident
    Are you sure you want to
    Your message goes here
No Downloads

Views

Total Views
19,362
On Slideshare
0
From Embeds
0
Number of Embeds
0

Actions

Shares
Downloads
980
Comments
3
Likes
7

Embeds 0

No embeds

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
    No notes for slide

Transcript

  • 1. MANAGING THE GRIEVANCE PROCESS By Mahendra Srivastava v0806
  • 2. Agenda
    • Introduction and Objectives
  • 3. 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
  • 4. 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
  • 5. 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
  • 6. If you Receive an Employee Grievance
      • First and foremost…
      • Don’t panic!
      • Hold your temper!
      • Take charge!
      • Consider the possibility of early settlement…
  • 7. 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).
  • 8. 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
  • 9. 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
  • 10. 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.
  • 11. 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.
  • 12. 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.
  • 13. 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?
  • 14. 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.
  • 15. 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.
  • 16. 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.
  • 17. 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.
  • 18. 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.
  • 19. 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.
  • 20. 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
  • 21. Question & Answer Session