Employee      GrievancesPresented by :JONNALYN M. SANCHEZMAEd in Educational Management
Grievance Proceduresprovides a systematic process for hearing and evaluating the complaints of employeesGrievance Proceduresprotects the right of employees and eliminate the need for strikes every time a disagreement occurs about the labor contract. 
Discipline procedureprovide 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 resortGrievanceis a complaint about an organizational policy, procedure or managerial practices or discomfort, whether it is valid or not ( Paul Salipante and Rene Brownen)
Grievancein 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
Grievancein non- unionized firms , it defines as any discontent or sense of injustice, even criticisms that are never expressed by employees
Grievancereferred 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 Grievances1. Differing application and interpretation of the Collective Bargaining AgreementGrievance frequently arise due to unclear contractual language that creates differing interpretation, application and administration of its provision . Causes of Grievances2. 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 Grievances3. Violation by management of the labor of agreement or violation of the law
Causes of Grievances4. Grievances inspired by the Union leadersSome 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 Grievances5. Lack of clear- -cut company labor policyThis 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 GrievanceGenerally,  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 employerWho Can File a GrievanceThe 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 GrievanceThirdly, 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 CBA1. 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 CBA3. 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 GrievancesUnion 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 GrievancesThe 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.
Arbitrationis a quasi- judicial process in which the parties agree to submit an unresolved dispute to a neutral third party for binding settlement.
Voluntary arbitrationrepresents the final stage in the dispute resolution process
Scope of Voluntary ArbitrationUnresolved Grievances arising from CBA .2. Unresolved grievances arising from personnel policy enforcement and interpretation including disciplinary cases.
Scope of Voluntary Arbitration3. 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 Arbitration4. 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 Arbitration5. 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 Arbitratordefined 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 Arbitrator1. 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 Arbitrator2. 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 Arbitrator3. 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 Grievance1. Identification of the issue or issues involved2. 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 Firms1. 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 Firms2. If not satisfied, the employee can elevate the complaint to the next higher level to resolve the grievance.
Grievance Procedures in Non- unionized Firms3. The problem or case may be taken to arbitration for final decision if no satisfactory solution has been reached by the above procedures.
The End!!!
Employee      grievances..ppt
Employee      grievances..ppt
Employee      grievances..ppt
Employee      grievances..ppt
Employee      grievances..ppt
Employee      grievances..ppt

Employee grievances..ppt

  • 1.
    Employee GrievancesPresented by :JONNALYN M. SANCHEZMAEd in Educational Management
  • 2.
    Grievance Proceduresprovides asystematic process for hearing and evaluating the complaints of employeesGrievance Proceduresprotects the right of employees and eliminate the need for strikes every time a disagreement occurs about the labor contract. 
  • 3.
    Discipline procedureprovide asystematic process for handling problem employees.
  • 4.
    its goal isto help employees perform better; but if they fail to respond, a procedure is needed for firing them as a last resortGrievanceis a complaint about an organizational policy, procedure or managerial practices or discomfort, whether it is valid or not ( Paul Salipante and Rene Brownen)
  • 5.
    Grievancein 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
  • 6.
    Grievancein non- unionizedfirms , it defines as any discontent or sense of injustice, even criticisms that are never expressed by employees
  • 7.
    Grievancereferred to inTitle 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
  • 8.
    Causes of Grievances1.Differing application and interpretation of the Collective Bargaining AgreementGrievance frequently arise due to unclear contractual language that creates differing interpretation, application and administration of its provision . Causes of Grievances2. 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 Grievances3. Violation by management of the labor of agreement or violation of the law
  • 9.
    Causes of Grievances4.Grievances inspired by the Union leadersSome 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.
  • 10.
    Some union representativessolicit grievances because they want to retain their position in the union.Causes of Grievances5. Lack of clear- -cut company labor policyThis 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 GrievanceGenerally, 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 employerWho Can File a GrievanceThe 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 GrievanceThirdly, 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
  • 11.
    Grievance Procedures inUnionized Firms as Provided in their CBA1. 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.
  • 12.
    Grievance Procedures inUnionized Firms as Provided in their CBA3. Appealing the grievance to the top management representative with the top union officials.4. Submitting the grievance to arbitration.
  • 13.
    To reduce thegrievances that are appealed, supervisors are encouraged to follow these recommendations:1. Receive and treat all complaints seriously and give the employee a full hearing.
  • 14.
    2.Get the factby 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.
  • 15.
    3. Carefully examineall the evidence before making a decision. Avoid lengthy delays.
  • 16.
    4. Follow- upto make sure the plan of action is properly carried out by means of correcting conditions which could result in a similar grievance happening again.
  • 17.
    Responsibility of theUnion Steward and Foreman in Handling GrievancesUnion 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.
  • 18.
    Responsibility of theUnion Steward and Foreman in Handling GrievancesThe 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.
  • 19.
    Arbitrationis a quasi-judicial process in which the parties agree to submit an unresolved dispute to a neutral third party for binding settlement.
  • 20.
    Voluntary arbitrationrepresents thefinal stage in the dispute resolution process
  • 21.
    Scope of VoluntaryArbitrationUnresolved Grievances arising from CBA .2. Unresolved grievances arising from personnel policy enforcement and interpretation including disciplinary cases.
  • 22.
    Scope of VoluntaryArbitration3. 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
  • 23.
    Scope of VoluntaryArbitration4. 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.
  • 24.
    Scope of VoluntaryArbitration5. 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.
  • 25.
    Voluntary Arbitratordefined asany 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.
  • 26.
    Authority of anArbitrator1. 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.
  • 27.
    Authority of anArbitrator2. 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.
  • 28.
    Authority of anArbitrator3. 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.
  • 29.
    Processing the Grievance1.Identification of the issue or issues involved2. 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.
  • 30.
    Grievance Procedures inNon- unionized Firms1. Presentation of employee problem/s to the foreman or supervisor who is expected to settle the problem within the specified period.
  • 31.
    Grievance Procedures inNon- unionized Firms2. If not satisfied, the employee can elevate the complaint to the next higher level to resolve the grievance.
  • 32.
    Grievance Procedures inNon- unionized Firms3. The problem or case may be taken to arbitration for final decision if no satisfactory solution has been reached by the above procedures.
  • 33.