The document discusses the grievance process. It begins by explaining why grievance processes are important and outlining related laws and enforcement agencies. The purpose of a grievance process is to provide an orderly system to evaluate complaints and interpret existing rules to determine if actions were fair and legal. Grievance procedures can vary in formality and number of steps. Unions typically establish grievance processes with employers through collective bargaining agreements. The document provides guidelines for properly handling grievances and outlines potential penalties for noncompliance.
This document discusses managing employee grievances and disputes. It defines grievances and complaints, and outlines a typical grievance handling process involving multiple steps that allow issues to be resolved formally. Employee grievances can arise from various causes such as economic issues, work environment problems, or supervision issues. The document also discusses labor unions, collective bargaining, and methods for resolving labor disputes such as strikes. An effective grievance procedure aims to resolve issues promptly and fairly while preventing escalation.
The document discusses employee grievances, disputes, and relationships. It defines grievances as formal disputes between employees and management regarding employment conditions. Common causes of grievances include economic issues, poor work environments, and problems with supervision. Effective grievance procedures aim to resolve issues promptly and fairly. Labor disputes can arise from contract negotiations or disagreements over contract interpretation. Historically, most strikes involve negotiations over wages and occur during the term of an agreement.
The document provides an overview of managing the grievance process. It discusses the purpose of grievance procedures, how to prevent grievances, grievance timelines, benefits of early settlement, and the typical steps in the grievance process including oral grievances, written grievances, grievances advanced to employee relations, preparation for meetings, and potential arbitration.
Grievances refer to any dissatisfaction or discontentment experienced by employees in relation to their employment. Proper grievance procedures are important for organizations to maintain harmonious employee relations and resolve issues before they escalate. The document outlines the definition of grievances, potential causes of grievances in the workplace, features and types of grievances, as well as the typical steps involved in a grievance handling procedure. It emphasizes the importance of having a clear, well-defined grievance process and taking preventative measures such as acknowledging grievances, gathering facts, examining causes, and following up after a decision to properly address employee concerns.
Human Resource Management - Grievances HandlingRahulRuhela2
The document discusses employee grievances and their handling and redressal within an organization. It defines grievances and lists their common causes such as wages, supervision, working conditions, and personal factors. It also outlines the effects of unresolved grievances on production, employees, and managers. The document then describes various methods for identifying grievances such as exit interviews, surveys, gripe boxes, and an open door policy. It provides details of a step ladder grievance redressal procedure and lists the benefits of having a formal employee grievance process.
The document discusses grievance procedures for resolving disputes between workers and management. It defines a grievance, outlines the purpose and steps of a grievance procedure, and provides guidance on writing and presenting grievances. Key points include that a grievance procedure provides an orderly process for handling disputes, outlines representation for workers, and includes provisions for arbitration if earlier steps do not resolve the issue.
This document discusses grievance handling in the workplace. It defines a grievance as a type of discontent expressed by an employee, which arises from issues related to their job, wages, benefits, or perceived unfair treatment. Grievances can stem from managerial conditions, working conditions, or personal factors. The grievance procedure provides a formal process for employees to raise issues, starting with their direct supervisor and potentially escalating through multiple stages. An effective grievance handling process must be fair, clearly defined, and resolve issues promptly to improve employee morale and productivity.
This document discusses grievances in the workplace. It begins by defining dissatisfaction, complaints, and grievances, with grievances being formally presented issues. Grievances are then defined as worker complaints regarding conditions like wages, work conditions, leave policies, and termination.
Features of grievances discussed include them arising from employment-related dissatisfaction, being based on real or perceived issues, and expectations not being fulfilled. Grievances can be factual, imaginary, or disguised. Common reasons for grievances include economic issues, work environment problems, issues with supervision, conflicts with coworkers, and organizational changes. The effects of unresolved grievances on production, employees, and managers are also outlined.
The
This document discusses managing employee grievances and disputes. It defines grievances and complaints, and outlines a typical grievance handling process involving multiple steps that allow issues to be resolved formally. Employee grievances can arise from various causes such as economic issues, work environment problems, or supervision issues. The document also discusses labor unions, collective bargaining, and methods for resolving labor disputes such as strikes. An effective grievance procedure aims to resolve issues promptly and fairly while preventing escalation.
The document discusses employee grievances, disputes, and relationships. It defines grievances as formal disputes between employees and management regarding employment conditions. Common causes of grievances include economic issues, poor work environments, and problems with supervision. Effective grievance procedures aim to resolve issues promptly and fairly. Labor disputes can arise from contract negotiations or disagreements over contract interpretation. Historically, most strikes involve negotiations over wages and occur during the term of an agreement.
The document provides an overview of managing the grievance process. It discusses the purpose of grievance procedures, how to prevent grievances, grievance timelines, benefits of early settlement, and the typical steps in the grievance process including oral grievances, written grievances, grievances advanced to employee relations, preparation for meetings, and potential arbitration.
Grievances refer to any dissatisfaction or discontentment experienced by employees in relation to their employment. Proper grievance procedures are important for organizations to maintain harmonious employee relations and resolve issues before they escalate. The document outlines the definition of grievances, potential causes of grievances in the workplace, features and types of grievances, as well as the typical steps involved in a grievance handling procedure. It emphasizes the importance of having a clear, well-defined grievance process and taking preventative measures such as acknowledging grievances, gathering facts, examining causes, and following up after a decision to properly address employee concerns.
Human Resource Management - Grievances HandlingRahulRuhela2
The document discusses employee grievances and their handling and redressal within an organization. It defines grievances and lists their common causes such as wages, supervision, working conditions, and personal factors. It also outlines the effects of unresolved grievances on production, employees, and managers. The document then describes various methods for identifying grievances such as exit interviews, surveys, gripe boxes, and an open door policy. It provides details of a step ladder grievance redressal procedure and lists the benefits of having a formal employee grievance process.
The document discusses grievance procedures for resolving disputes between workers and management. It defines a grievance, outlines the purpose and steps of a grievance procedure, and provides guidance on writing and presenting grievances. Key points include that a grievance procedure provides an orderly process for handling disputes, outlines representation for workers, and includes provisions for arbitration if earlier steps do not resolve the issue.
This document discusses grievance handling in the workplace. It defines a grievance as a type of discontent expressed by an employee, which arises from issues related to their job, wages, benefits, or perceived unfair treatment. Grievances can stem from managerial conditions, working conditions, or personal factors. The grievance procedure provides a formal process for employees to raise issues, starting with their direct supervisor and potentially escalating through multiple stages. An effective grievance handling process must be fair, clearly defined, and resolve issues promptly to improve employee morale and productivity.
This document discusses grievances in the workplace. It begins by defining dissatisfaction, complaints, and grievances, with grievances being formally presented issues. Grievances are then defined as worker complaints regarding conditions like wages, work conditions, leave policies, and termination.
Features of grievances discussed include them arising from employment-related dissatisfaction, being based on real or perceived issues, and expectations not being fulfilled. Grievances can be factual, imaginary, or disguised. Common reasons for grievances include economic issues, work environment problems, issues with supervision, conflicts with coworkers, and organizational changes. The effects of unresolved grievances on production, employees, and managers are also outlined.
The
The document discusses grievance handling in the workplace. It defines a grievance as a complaint about something believed to be unfair. There are individual grievances, affecting one employee, and general grievances affecting groups. The grievance procedure involves accepting the grievance, understanding the problem, gathering facts, offering solutions, and follow up. Grievances can be identified through observations, suggestion boxes, exit interviews, and open door policies. If not addressed, grievances can negatively impact production, employees, and managers through increased absenteeism and costs. However, effective grievance handling builds trust and prevents disputes from escalating.
The document defines a grievance as any discontent or dissatisfaction felt by an employee regarding their treatment at work. It then outlines various potential causes of grievances related to working conditions, management policies, legal/contractual violations, and personal issues. The document also discusses negative impacts of unresolved grievances and different methods for identifying and addressing grievances, including exit interviews, gripe boxes, and opinion surveys. Finally, it describes the typical multi-step machinery used to handle grievances in a formalized procedure involving supervisors, management, unions, and potentially arbitration.
The document discusses grievance procedures in organizations, defining a grievance as a complaint by an employee regarding unfair treatment, and outlining the causes, forms, effects, and steps in handling grievances formally, emphasizing the importance of a clear procedure and prompt resolution of issues. Key aspects covered include definitions of grievances, features and types, causes and effects on production, employees, and managers, and the need for and essential elements of an effective grievance procedure.
The document outlines the grievance process, including:
1) The purpose is to allow employees and management to resolve workplace problems through open communication.
2) Steps include an oral grievance, written grievance, appeal to Employee Relations, and possible arbitration.
3) Management should investigate complaints thoroughly, treat employees fairly, and respond to grievances in a timely manner to prevent issues from escalating.
The document defines grievances and outlines the grievance process. It states that a grievance is a formal complaint about any dissatisfaction that has been presented to management. The summary describes the typical stages of a grievance process, including an informal stage where the complaint is brought to a supervisor, and a formal stage where it is escalated to higher levels if unresolved. Finally, it notes that an effective grievance procedure provides a fair means for employees to resolve issues and helps build trust in the organization.
Grievance Management _ human Resource management Shivam Gupta
Grievance Management . subject human resource management. Helpful in understanding the employee conflicts with management. Presented by marketing management student managers of Sri Balaji Society
This document summarizes a study on the grievance handling procedure at HCL Technologies in Noida, India. It provides details about HCL, including its vision, mission, services offered, and acquisitions. Regarding grievances, it defines what a grievance is, common causes of grievances, and describes HCL's step ladder grievance handling procedure. The findings are that employees are satisfied with the procedure but interpersonal relations need improvement. Common grievance causes include wages, leave, overtime, promotions, and lack of role clarity. Suggestions include clarifying job descriptions and expectations, using informal counseling, and improving conflict management.
This presentation we will cover three of the more difficult to handle areas of employment law.
•Disciplinary procedures for dealing with conduct issues
•Grievance procedures
•Settlement discussions
This document discusses grievances in the workplace. It defines grievances as employee dissatisfactions or complaints regarding issues like promotions, wages, transfers, discipline, and working conditions. Grievances arise due to malfunctions or maladjustments in the workplace. The document outlines principles and procedures for handling grievances, including establishing a grievance machinery and addressing grievances at different levels up to arbitration. It emphasizes the importance of addressing grievances to improve employee morale.
This document discusses grievances in the workplace. It defines a grievance as a complaint or dissatisfaction that affects organizational performance. Grievances can be stated or unvoiced, and written or oral. They generally cause unhappiness and poor morale among employees. The document outlines the characteristics, procedures, types, methods of identifying, and process for resolving grievances. It describes grievance procedures as important for problem solving, maintaining good employee relations, and improving workplace issues. Grievances can be individual, group, policy-related, or union-related.
This document discusses employee grievances and grievance procedures. It defines an employee grievance as dissatisfaction with expectations from a company or management. Grievances can arise from poor working conditions, violation of rules/laws, or unfair treatment. Effective grievance procedures allow issues to be addressed at the lowest level first through open door policies or step-ladder procedures involving multiple levels of escalation. Key aspects of a good procedure include simplicity, time bounds, and participation of employee representatives.
The document discusses grievance procedures in the workplace. It defines a grievance as a formal complaint raised by an employee against an employer. The grievance procedure involves an aggrieved employee first explaining the issue verbally to their immediate supervisor. If unresolved, it is then escalated to the head of the department, grievance committee consisting of union and management members, company executive, and finally an arbitrator which includes representatives from management, union, and an impartial person. The grievance procedure can vary between industries and unions depending on factors like organization size, union strength, management philosophy, and traditions.
This document discusses grievance procedures in the workplace. It defines a grievance as any employee dissatisfaction, whether justified or not, arising from their employment. Effective grievance procedures allow management to understand employee concerns, maintain discipline, and resolve conflicts fairly. The document outlines the typical stages of a grievance process from direct supervisor to external mediation. It also lists benefits like preventing escalation of issues and saving employers time and money resolving workplace problems. An example incident at the Taj Hotel in 1983 is provided where effective grievance handling by HR reduced attrition and improved customer satisfaction after employees protested working conditions.
Grievances arise from disputes between employees and management over violations of contracts, laws, policies or past practices. Common causes of grievances include issues with promotions, amenities, services, fines, compensation and more. The grievance process involves defining the situation, contention and remedy in writing. Grievances are addressed through informal and formal levels that may include meetings with supervisors, written submissions, and appeals up to board level. Proper grievance handling requires prompt investigation, hearing from all parties, and adherence to contractual timelines and procedures.
This document discusses grievance handling and redressal systems. It defines grievances and their importance in union-management relations. It outlines a 6-stage grievance redressal procedure recommended by the National Commission of Labor. It also discusses the need for an effective grievance system, prerequisites of the system, and methods for resolving conflicts like avoidance, accommodation, arbitration, mediation, compromise, and problem solving.
This document discusses grievances and grievance handling in the workplace. It defines a grievance as a formal dispute between an employee and management regarding employment conditions. It outlines categories that grievances can fall under and provides guidance on writing grievances. The document also describes grievance sources, effects, and resolution procedures involving multiple steps between the employee, their supervisor, and other management levels, potentially leading to arbitration. Effective grievance handling is said to encourage open communication and prevent minor issues from escalating.
Human resource management complaint and grievance report-els211...gonzalesjerome
This document discusses human resource management and complaints and grievances procedures. It defines a complaint as an employee's expressed dissatisfaction with their working conditions, relationships, or status outside of their control, excluding disciplinary actions. Grievances refer to complaints in writing that have been ignored or not properly addressed. The document then outlines the standard grievance procedure process including oral discussion with supervisors, submitting grievances in writing, appeals to agency heads, and standardized grievance forms. It also discusses the composition of grievance committees.
A grievance is any dissatisfaction or feeling of injustice having connection with one’s employment situation which is brought to the attention of management. Speaking broadly, a grievance is any dissatisfaction that adversely affects organizational relations and productivity. To understand what a grievance is, it is necessary to distinguish between dissatisfaction, complaint, and grievance.
Grievance procedures provide a systematic process for employees to file complaints and have them addressed in order to protect employee rights and avoid strikes. They involve multiple steps starting with filing the grievance with a direct supervisor and potentially leading to arbitration. Common causes of grievances include differing interpretations of policies, perceived unfair treatment, violations of agreements or laws, and lack of clear company policies. Both employees and unions can file grievances. Supervisors are encouraged to take all complaints seriously, thoroughly investigate the facts, and follow up to ensure issues are resolved.
View the video below, which provides some factors that should be c.docxdickonsondorris
View the video below, which provides some factors that should be considered in capital budgeting considerations.
Imagine the producers of this video ask you to appear in the video to offer two additional considerations in capital budgeting decisions. One consideration must be quantitative (numeric). The other must be qualitative (non-numeric). Write a script to describe capital budgeting considerations that you think are important for managers to consider. Your script should be 250 words.
How to answer for Questions (you have to use HIRAC method)
So how do I answer a HIRAC problem question?
For each topic, you will be provided with a ‘guide to problem solving’. This
‘checklist’ will assist you to identify the relevant points which you will need to
consider when answering the problem questions.
When answering legal problem questions generally, it is recommended that you use
the HIRAC method. If you are not familiar with the HIRAC method, please read the
following explanation so that you can draw upon this method when answering legal
problem questions. HIRAC simply stands for Heading, Issue, Rule, Application and
Conclusion. That is:
H – Heading
Identify the major theme as your heading.
I – Issue
State the legal issue raised.
R – Rule
Your next sentence will be a statement of the legal rule(s) or
principle(s) that applies to the situation. State the principle clearly
and concisely in your own words, and indicate the case or
legislation that is your primary source of that principle.
A – Application
Your next sentence should be your application of the law – that is,
you apply the legal principle to the facts in the problem. This is
where you can draw heavily upon the case law. You could use the
following ways to apply the legal rule:
• The legislation could be interpreted to mean … which would
apply to these facts because …
• B would need to argue that …
• What B would need to show is … B can show this because
…[refer to relevant facts].
• There is not sufficient information, but B would only successful
if she could demonstrate that … then …
• In the facts given, B has …. This is similar to the facts in A v B
where the court concluded that ….
• Unless A could demonstrate that … then …
• A would not succeed unless …
• A would only succeed if …
C – Conclusion
This last part is where you state your conclusion. That is, what is
the result when you’ve applied the legal principle to the facts you’re
given? For example, is there a bailment or not, has A breached the
relevant legislation, does B have a legal remedy? When doing this, have regard to which (if any) party you have been
asked to advise.
You could use the following ways to state your conclusion:
• It could be argued that…
• It is arguable …
• I would advise B to argue that …
• It would be possible to conclude that …
• It is unlikely that …
Finally – revise your answer
Once you have finished writing your answer, ask yourself the
following questions.
1. Did you p ...
The document discusses grievance handling in the workplace. It defines a grievance as a complaint about something believed to be unfair. There are individual grievances, affecting one employee, and general grievances affecting groups. The grievance procedure involves accepting the grievance, understanding the problem, gathering facts, offering solutions, and follow up. Grievances can be identified through observations, suggestion boxes, exit interviews, and open door policies. If not addressed, grievances can negatively impact production, employees, and managers through increased absenteeism and costs. However, effective grievance handling builds trust and prevents disputes from escalating.
The document defines a grievance as any discontent or dissatisfaction felt by an employee regarding their treatment at work. It then outlines various potential causes of grievances related to working conditions, management policies, legal/contractual violations, and personal issues. The document also discusses negative impacts of unresolved grievances and different methods for identifying and addressing grievances, including exit interviews, gripe boxes, and opinion surveys. Finally, it describes the typical multi-step machinery used to handle grievances in a formalized procedure involving supervisors, management, unions, and potentially arbitration.
The document discusses grievance procedures in organizations, defining a grievance as a complaint by an employee regarding unfair treatment, and outlining the causes, forms, effects, and steps in handling grievances formally, emphasizing the importance of a clear procedure and prompt resolution of issues. Key aspects covered include definitions of grievances, features and types, causes and effects on production, employees, and managers, and the need for and essential elements of an effective grievance procedure.
The document outlines the grievance process, including:
1) The purpose is to allow employees and management to resolve workplace problems through open communication.
2) Steps include an oral grievance, written grievance, appeal to Employee Relations, and possible arbitration.
3) Management should investigate complaints thoroughly, treat employees fairly, and respond to grievances in a timely manner to prevent issues from escalating.
The document defines grievances and outlines the grievance process. It states that a grievance is a formal complaint about any dissatisfaction that has been presented to management. The summary describes the typical stages of a grievance process, including an informal stage where the complaint is brought to a supervisor, and a formal stage where it is escalated to higher levels if unresolved. Finally, it notes that an effective grievance procedure provides a fair means for employees to resolve issues and helps build trust in the organization.
Grievance Management _ human Resource management Shivam Gupta
Grievance Management . subject human resource management. Helpful in understanding the employee conflicts with management. Presented by marketing management student managers of Sri Balaji Society
This document summarizes a study on the grievance handling procedure at HCL Technologies in Noida, India. It provides details about HCL, including its vision, mission, services offered, and acquisitions. Regarding grievances, it defines what a grievance is, common causes of grievances, and describes HCL's step ladder grievance handling procedure. The findings are that employees are satisfied with the procedure but interpersonal relations need improvement. Common grievance causes include wages, leave, overtime, promotions, and lack of role clarity. Suggestions include clarifying job descriptions and expectations, using informal counseling, and improving conflict management.
This presentation we will cover three of the more difficult to handle areas of employment law.
•Disciplinary procedures for dealing with conduct issues
•Grievance procedures
•Settlement discussions
This document discusses grievances in the workplace. It defines grievances as employee dissatisfactions or complaints regarding issues like promotions, wages, transfers, discipline, and working conditions. Grievances arise due to malfunctions or maladjustments in the workplace. The document outlines principles and procedures for handling grievances, including establishing a grievance machinery and addressing grievances at different levels up to arbitration. It emphasizes the importance of addressing grievances to improve employee morale.
This document discusses grievances in the workplace. It defines a grievance as a complaint or dissatisfaction that affects organizational performance. Grievances can be stated or unvoiced, and written or oral. They generally cause unhappiness and poor morale among employees. The document outlines the characteristics, procedures, types, methods of identifying, and process for resolving grievances. It describes grievance procedures as important for problem solving, maintaining good employee relations, and improving workplace issues. Grievances can be individual, group, policy-related, or union-related.
This document discusses employee grievances and grievance procedures. It defines an employee grievance as dissatisfaction with expectations from a company or management. Grievances can arise from poor working conditions, violation of rules/laws, or unfair treatment. Effective grievance procedures allow issues to be addressed at the lowest level first through open door policies or step-ladder procedures involving multiple levels of escalation. Key aspects of a good procedure include simplicity, time bounds, and participation of employee representatives.
The document discusses grievance procedures in the workplace. It defines a grievance as a formal complaint raised by an employee against an employer. The grievance procedure involves an aggrieved employee first explaining the issue verbally to their immediate supervisor. If unresolved, it is then escalated to the head of the department, grievance committee consisting of union and management members, company executive, and finally an arbitrator which includes representatives from management, union, and an impartial person. The grievance procedure can vary between industries and unions depending on factors like organization size, union strength, management philosophy, and traditions.
This document discusses grievance procedures in the workplace. It defines a grievance as any employee dissatisfaction, whether justified or not, arising from their employment. Effective grievance procedures allow management to understand employee concerns, maintain discipline, and resolve conflicts fairly. The document outlines the typical stages of a grievance process from direct supervisor to external mediation. It also lists benefits like preventing escalation of issues and saving employers time and money resolving workplace problems. An example incident at the Taj Hotel in 1983 is provided where effective grievance handling by HR reduced attrition and improved customer satisfaction after employees protested working conditions.
Grievances arise from disputes between employees and management over violations of contracts, laws, policies or past practices. Common causes of grievances include issues with promotions, amenities, services, fines, compensation and more. The grievance process involves defining the situation, contention and remedy in writing. Grievances are addressed through informal and formal levels that may include meetings with supervisors, written submissions, and appeals up to board level. Proper grievance handling requires prompt investigation, hearing from all parties, and adherence to contractual timelines and procedures.
This document discusses grievance handling and redressal systems. It defines grievances and their importance in union-management relations. It outlines a 6-stage grievance redressal procedure recommended by the National Commission of Labor. It also discusses the need for an effective grievance system, prerequisites of the system, and methods for resolving conflicts like avoidance, accommodation, arbitration, mediation, compromise, and problem solving.
This document discusses grievances and grievance handling in the workplace. It defines a grievance as a formal dispute between an employee and management regarding employment conditions. It outlines categories that grievances can fall under and provides guidance on writing grievances. The document also describes grievance sources, effects, and resolution procedures involving multiple steps between the employee, their supervisor, and other management levels, potentially leading to arbitration. Effective grievance handling is said to encourage open communication and prevent minor issues from escalating.
Human resource management complaint and grievance report-els211...gonzalesjerome
This document discusses human resource management and complaints and grievances procedures. It defines a complaint as an employee's expressed dissatisfaction with their working conditions, relationships, or status outside of their control, excluding disciplinary actions. Grievances refer to complaints in writing that have been ignored or not properly addressed. The document then outlines the standard grievance procedure process including oral discussion with supervisors, submitting grievances in writing, appeals to agency heads, and standardized grievance forms. It also discusses the composition of grievance committees.
A grievance is any dissatisfaction or feeling of injustice having connection with one’s employment situation which is brought to the attention of management. Speaking broadly, a grievance is any dissatisfaction that adversely affects organizational relations and productivity. To understand what a grievance is, it is necessary to distinguish between dissatisfaction, complaint, and grievance.
Grievance procedures provide a systematic process for employees to file complaints and have them addressed in order to protect employee rights and avoid strikes. They involve multiple steps starting with filing the grievance with a direct supervisor and potentially leading to arbitration. Common causes of grievances include differing interpretations of policies, perceived unfair treatment, violations of agreements or laws, and lack of clear company policies. Both employees and unions can file grievances. Supervisors are encouraged to take all complaints seriously, thoroughly investigate the facts, and follow up to ensure issues are resolved.
View the video below, which provides some factors that should be c.docxdickonsondorris
View the video below, which provides some factors that should be considered in capital budgeting considerations.
Imagine the producers of this video ask you to appear in the video to offer two additional considerations in capital budgeting decisions. One consideration must be quantitative (numeric). The other must be qualitative (non-numeric). Write a script to describe capital budgeting considerations that you think are important for managers to consider. Your script should be 250 words.
How to answer for Questions (you have to use HIRAC method)
So how do I answer a HIRAC problem question?
For each topic, you will be provided with a ‘guide to problem solving’. This
‘checklist’ will assist you to identify the relevant points which you will need to
consider when answering the problem questions.
When answering legal problem questions generally, it is recommended that you use
the HIRAC method. If you are not familiar with the HIRAC method, please read the
following explanation so that you can draw upon this method when answering legal
problem questions. HIRAC simply stands for Heading, Issue, Rule, Application and
Conclusion. That is:
H – Heading
Identify the major theme as your heading.
I – Issue
State the legal issue raised.
R – Rule
Your next sentence will be a statement of the legal rule(s) or
principle(s) that applies to the situation. State the principle clearly
and concisely in your own words, and indicate the case or
legislation that is your primary source of that principle.
A – Application
Your next sentence should be your application of the law – that is,
you apply the legal principle to the facts in the problem. This is
where you can draw heavily upon the case law. You could use the
following ways to apply the legal rule:
• The legislation could be interpreted to mean … which would
apply to these facts because …
• B would need to argue that …
• What B would need to show is … B can show this because
…[refer to relevant facts].
• There is not sufficient information, but B would only successful
if she could demonstrate that … then …
• In the facts given, B has …. This is similar to the facts in A v B
where the court concluded that ….
• Unless A could demonstrate that … then …
• A would not succeed unless …
• A would only succeed if …
C – Conclusion
This last part is where you state your conclusion. That is, what is
the result when you’ve applied the legal principle to the facts you’re
given? For example, is there a bailment or not, has A breached the
relevant legislation, does B have a legal remedy? When doing this, have regard to which (if any) party you have been
asked to advise.
You could use the following ways to state your conclusion:
• It could be argued that…
• It is arguable …
• I would advise B to argue that …
• It would be possible to conclude that …
• It is unlikely that …
Finally – revise your answer
Once you have finished writing your answer, ask yourself the
following questions.
1. Did you p ...
Chapter 12 Duties as a WhistleblowerWhistleblowerA whis.docxcravennichole326
Chapter 12: Duties as a Whistleblower
Whistleblower
A whistleblower is an employee or former employee who reports misconduct to people or entities that have the power and presumed willingness to take corrective action.
Whistleblowers can be internal or external.
Whistleblower Motivations
Whistleblower motivations include:
Revenge
Reputation Preservation
Altruism
Collecting financial rewards
Fasle Claims Act
Whistleblower (cont)
Whistleblower-
One of the most well known whistleblowers is Jeffrey Wigand, who exposed the Big Tobacco scandal, revealing that executives of the companies knew that cigarettes were addictive while approving the addition of known carcinogenic ingredients to the cigarettes.
http://www.imdb.com/title/tt0140352/trailers-screenplay-E11632-10-2
Think Russell Crowe in the movie The Insider.
More recent whistleblowers include…..
Whistleblower (cont)
Cynthia Cooper (Worldcom), Coleen Rowley (FBI), and Sherron Watkins (Enron)
“their lives may not have been at stake, but Watkins, Rowley and Cooper put pretty much everything else on the line. Their jobs, their health, their privacy, their sanity--they risked all of them to bring us badly needed word of trouble inside crucial institutions”
Whistleblower Programs
FeatureIRSDodd-Frank ActFocusTax violationsFederal securities laws violations, including bribery, fraudulent accounting, and insider tradingSubmitted information Secret information or publicly available information Only “original”, nonpublic information Minimum threshold for recoveryOver $2 million Over $1 million Typical range of award15% to 30% of IRS Recovery15% to 30% of SEC RecoveryAnonymity protected? Yes, usuallyYesProtection against workplace retaliation?No Yes
Whistleblower Laws
Section 806 of SOX
Only applies to publicly traded companies
File a complaint with the Department of Labor (DOL)
If DOL hasn’t ruled on it within 180 days, it goes to federal court or a civil suit may be filed
Remedies of employee include relief “to make the employee whole”, compensatory damages (same job back, back pay, special damages as result of action)
Whistleblower Laws (cont)
Do Whistleblower laws (specifically SOX section 806 provisions) work?
whistle-blowers still face a painful cost-benefit decision: whether a lawsuit with uncertain chances of success is worth the professional and personal sacrifices that will assuredly be required
Many employees have to change industries after filing suit, whether the case has merit or not
A study that looked at 470 cases filed between 2002-2005, the whistleblower won only 3.6% of the time.
Whistleblower Laws (cont)
What can/should employers do?
Have an independently-operated whistleblower complaint system. If the system is operated by personnel skilled in the underlying accounting, auditing, and internal control issues, proper information will be immediately collected, so that investigations are cost-effective and complete.
Must be overseen by audit com ...
This summary provides an overview of the MGMT 520 Weekly Assignments document:
- The document outlines weekly assignments for MGMT 520 that involve analyzing administrative regulations from federal or state agencies, completing a case brief from LexisNexis, and participating in a group discussion and individual project analyzing contract and employment law scenarios.
- For week 2, students must analyze a proposed administrative regulation, write public comments on the proposal, and discuss legal challenges that could be used to overturn the regulation.
- Week 3 involves using LexisNexis to brief a case and analyze subsequent cases that cited it as precedent.
- Week 4 is a graded group discussion analyzing a contract dispute between a data processing company
It is a common play in real estate to create a separate operating entity to serve as a tenant and execute a lease between the owner of the property and himself. Typically, this happens in assets which serve as a real estate-based business, such as a retail property. The structured enables the operator to reduce the taxable income of the business and also provide a liability shield for the property owner. However, this arrangement can easily lead to some ethical issues, should the property owner become distressed. Where is the line between a savvy real estate strategy and unethical behavior? This webinar presents practice pointers on how to use the ABA Model Rules as a guide to navigating ethical issues in Insider Lease Agreements. Model Rules addressed include those that govern the client-lawyer relationship (Rule 1.7: Conflict of Interest: Current Clients); those that speak to the need for candor toward the tribunal and fairness to an opposing party and counsel (Rule 3.3 through 3.4); and the necessity for truthfulness in statements to others and issues surrounding unrepresented persons (i.e. Rule 4.3).
Part of the webinar series: ETHICAL ISSUES IN REAL ESTATE-BASED BANKRUPTCIES 2022
See more at https://www.financialpoise.com/webinars/
The REALTOR Code of EthicsNew Member Orientation ProgramEvangeline Yia
All REALTORS® regardless of their specialty in the real estate business (appraisal, property management, etc.) are bound by the duties in the REALTORS®’ Code of Ethics.
CLE COURSE Ethical Issues in Supervising Others Can Their Misconduct B ETH4800Missy Cruz
This document discusses the ethical responsibilities of supervising attorneys. It notes that supervisors can be held responsible for misconduct by those they oversee under both ethical rules and civil law. Hypothetical cases examine potential disciplinary issues and liability risks that may arise for partners, managers, and government attorneys due to misconduct by subordinates. The document also reviews defenses that may be available to subordinate attorneys who are directed to act by a supervisor.
Internal Investigations Workshop for HR PractitionersPaul Falcone
Conducting effective internal investigations is a critical skill for both HR practitioners and line leaders alike. But how can you ensure that your employees who file formal complaints feel heard and satisfied that their needs have been accounted for? Further, what legal expectations do courts hold in terms of investigators’ roles and obligations in the fact-finding process? From EEOC credibility determinations to case evaluations and appropriate and prompt remedial action, this PowerPoint presentation will help your leadership team maximize positive employee relations, while insulating your company from employment-related liability inherent in the workplace investigation process.
1Legal Issues for Managers 2007GIRLecture 9(Week 10)M.docxfelicidaddinwoodie
1
Legal Issues for Managers: 2007GIR
Lecture 9
(Week 10)
Module 3 (Part 2):
The Law of Business Associations
Law of Agency &
Law of Partnership
1
Administration
Ensure that you check the announcements on [email protected] ([email protected]) and your marks in My Marks.
You should now have your Mid-Semester Exam marks available in My Marks. If you want genuine feedback (not simply checking your grade as they have been scanned), you can see your exam papers this week during the times provided on [email protected] course site. A time will also be made available for the Deferred Mid-Semester Exams when we have received them back from scanning.
A notice about the time, date & place of the Deferred Mid-Semester Exam is now available on the course website.
IF you want to do well on the FINAL EXAM, in addition to making a genuine effort on the ASSIGNMENT continue practising your ILACs before you attend your seminars, add a few notes to your answers, download the seminar slides and try to attempt the answer again on your own. If you did not have a satisfactory answer, see your tutor in consultation and bring along your ILAC homework attempts. This is the most effective way to prepare for the Final Exam.
2
2
Recap of Last Week
The Law of Companies/Corporations
Summary
The essential characteristics of a ‘company’ and why they are important.
The different types of business structures available, in particular companies, and when can they be used to meet the needs of business & society.
The main duties imposed upon the directors of a company.
The concepts of insolvency and insider trading.
The way companies can be wound-up.
Quick Question:
The Corporations Act 2001 (Cth) prohibits trading in shares with the advantage of information that is not publicly available. This offence is also known as …………………………… and is prohibited by section ..........
3
3
Business Structures
BUSINESS
STRUCTURES
Sole
Trader
Partnership
Joint
Venture
Incorporated
Associations
Trust
Company
Proprietary
Company
Public
Company
Large
Small
4
Seek the advice of a good accountant & lawyer when considering what form of business structure you may want to set-up. The main consideration should be liability – Not taxation. Thus, this message applies to today’s lecture and next weeks! Strategic planning is the key to business success.
44% of businesses fail in the first 3 years
Failing to plan, is planning to fail!
See separate mind-map on the types of companies in those lecture slides when available
http://www.business.gov.au/business- ...
This document outlines 10 unique ethical issues facing in-house counsel. It discusses issues such as ensuring compensation complies with rules prohibiting business transactions with clients without proper disclosures and consent. It also addresses maintaining independent professional judgment, licensing requirements, developing competence in diverse legal topics, avoiding unauthorized practice of law, identifying the client, separating legal and business advice, privilege considerations, obligations to report legal and ethical violations up the corporate ladder, and resources for further guidance.
Discussion Question 4·1You have been asked to investigate a new .docxelinoraudley582231
Discussion Question 4·1
You have been asked to investigate a new procedure that physicians would like nurses to adopt in the hospital. Discuss the process you would apply to determine whether the procedure falls within the RN scope of practice and how you would go about introducing the new procedure with physicians and fellow nurses.
Grading Rubric and Sample Table for this DQ
Class this question assumes you are the nurse manager and is a how you would evaluate and implement a standard practice or standing order into your unit. Complete all of the learning activities, critically think and post your reply.
Here is a link to "An Explanation of the Scope of RN Practice Including Standardized Procedures" from the CA BON, your state BON site likely has something similar, but this gives a general idea of procedures one might follow. Lisa
Grading Rubric
Discusses/ lists the process used to determine whether the standardized procedure falls within RNs’ scope of practice (consider your Nurse Practice Act/ Board of Nursing, standards in your workplace, staff training) this is asking .. how will you as a nurse manager make sure that this new procedure is in your staffs scope of practice. 6 points
Discusses process used to introduce the new procedure with physicians and fellow nurses. (Think legalities, change theory and nursing process) 6 points
APA and writing 3 points
Uses 1 properly formatted reference
Correctly formatted in text citations
Writing free of mechanical grammar and spelling errors.
Very import For students.
Welcome to week 4 Class! Last week we studied nursing history and its impact and our individual scope of practice, this week we move forward and review policies that impact us as a group. We will be look at adoption of standard procedures in the work place, discuss theories on promoting change, and will research how standards of professional practice are developed.
Our units objectives are:
1. Describe the impact on the nursing profession of the Institute of Medicine’s 2010 report on The Future of Nursing: Leading Change, Advancing Health.
2. Identify sources for the creation of standards of nursing practice.
3. Apply standards of practice to appropriate settings.
Consider these objectives as you complete your discussion posts, replies and assignments. You have two discussion posts and one paper due this week.
Scope of Practice (studied last week) and Standards of Practice are not synonymous, be sure to differentiate between the two. In Discussion 1 you will need to consider scope of practice of RNs in your state/ facility, research how standardized procedures are implemented and discuss change processes to promote a positive transition. In this scenario you are the nurse manager that is considering implementing a standard procedure. Your answer should palace yourself in the leadership position.
Assignment 9, Chapter 19 NAME _________________________
FIN 3610
Provide a reference and a copy of your source of information w.
Short Essays There will be 5 short essay questions. Each essay .docxmaoanderton
Short Essays: There will be 5 short essay questions. Each essay will be valued at 5 points for a total of 25 points. Your answers to the essay questions must be in the IRAC format (see below). The essays are to be completed outside of the classroom. They are individual assignments. The essays are due no later than Monday, November 28, 2016 at 5:00 pm on Canvas; however you may turn your essays in any time throughout the term.
The short essay questions are as follows found on pages (in parenthesis) in the text:
· 3-6: arbitration - (pg. 77)
· 5-6: establishment clause – (pg. 119)
· 6-7: contracts (pg. 139)
· 10-1: contract performance (pg. 239)
· 12-2: defamation (pg. 302)
P77↓
3-7. Arbitration. Horton Automatics and the Industrial
Division of the Communications Workers of America,
the union that represented Horton^ workers, negotiated
a collective bargaining agreement. If an employee's dis
charge for a workplace-rule violation was submitted to
arbitration, the agreement limited the arbitrator to deter
mining whether the rule was reasonable and whether the
employee violated it. When Horton discharged employee
Ruben de la Garza, the union appealed to arbitration.
The arbitrator found that de la Garza had violated a
reasonable safety rule, but "was not totally convinced"
that Horton should have treated the violation more seri
ously than other rule violations. The arbitrator ordered
de la Garza reinstated. Can a court set aside this order?
Explain. [Horton Automatics v. The Industrial Division of the
Communications Workers of America, AFL-CIO, 2013 WL
59204 (5th Cir. 2013)]
P71↓
P119↓
5-6. BUSINESS CASE PROBLEMWITH SAMPLE ANSWER: Establishment Clause.Judge James DcWeese hung a poster in his court-room showing the Ten Commandments. The American Civil Liberties Union (ACLU) filed a suit, alleging that the poster violated the establishment clause. DeWeese responded that his purpose was not to promote religion but to express his view about “warring” legal philosophies—moral relativism and moral absolutism. “our legal system is based on moral absolutes from divine law handed down by God through the Ten Commandments.”Does this poster violate the establishment clause? Why or why miot? [American Civil Liberties Union of Ohio loundation, Inc.v. DeWeese, 633 F.3d 424 (6th Cir. 2011)]P112↓P139↓
6—7. Arbitrary and Capricious Test. Michael Manin, an airline pilot, was twice convicted of disorderly conduct, a minor misdemeanor. To renew his flight certification with the National Transportation Safety Board (NTSB), Manin filed an application that asked him about his criminal history. He did not disclose his two convictions. When these came to light more than ten years later, Manin argued that he had not known that he was required to report convictions for minor misdemeanors. The NTSB’s policy was to consider an applicant’s understanding of what information a question sought before determining whether an answer was false. But without e.
This document provides the syllabus and assignments for a business law course (BUS 311). The course is divided into 5 weekly modules. Each module includes discussion questions and assignments related to topics in business law, such as contracts, torts, employment law, and intellectual property. For example, Week 1 asks students to analyze a hypothetical legal case and discuss jurisdiction. Week 2 focuses on contract elements and unconscionability. Assignments include analyzing examples of contracts and writing a critical analysis paper. Later modules address additional topics like property, ethics, and international business law.
LEGAL ETHICS – BEST PRACTICES 2022 - How to Avoid Malpractice & Disciplinary ...Financial Poise
This webinar presents basic practice pointers to avoid malpractice and disciplinary actions, and how to respond to claims of malpractice or unethical behavior if they arise. The panel also discusses the role that malpractice insurance plays in these situations and the ramifications of a malpractice judgment or disciplinary action. Model Rules addressed may include: those that govern the client-lawyer relationship (Rules 1.1 through 1.10; 1.13; and 1.16); those that that speak to transactions with persons other than clients (Rules 4.1 through 4.4); those that govern the responsibilities of managing and supervisory lawyers, subordinate lawyers, non-lawyer assistance, independence, unauthorized practice of law, and multijurisdictional practice (Rules 5.1 through 5.5); and those that govern communication, including advertising and solicitation of clients (Rules 7.1 through 7.5).
Part of the webinar series: LEGAL ETHICS – BEST PRACTICES 2022
See more at https://www.financialpoise.com/webinars/
ETH 321 OUTLET Education Your Life--eth321outlet.comthomashard62
This document describes an assignment to analyze a legal dispute between two pizza companies, Dazzling Dough Co. and Jerry's Pizza, regarding a contract for pizza dough. Students are asked to prepare a strategic plan overview for Jerry's Pizza's board of directors that 1) summarizes the dispute and each party's interpretation of the contract, 2) proposes revisions to the contract language for clarity, and 3) provides recommendations for settling the dispute, including different options and alternative dispute resolution methods. Ethical considerations around enforcing contract terms are also to be discussed.
ETH 321 OUTLET Introduction Education--eth321outlet.comagathachristie280
This document provides the background and instructions for an assignment analyzing an alternative dispute resolution case study between Dazzling Dough Co. and Jerry's Pizza. Students are asked to prepare a strategic plan overview for Jerry's Pizza's board of directors that 1) summarizes the dispute between the two parties, 2) proposes revisions to the contract language to avoid future disputes, and 3) provides recommendations for settling the dispute and methods for preventing similar disputes going forward. The document also includes instructions for two other ethics assignments analyzing employment law issues.
2014 CreditScape, Western Region Credit Conference Seminar Slide Deck, sponsored by Credit Management Association. More information: www.creditmanagementassociation.org
The Rules Do Apply: Navigating HR ComplianceAggregage
https://www.humanresourcestoday.com/frs/26903483/the-rules-do-apply--navigating-hr-compliance
HR Compliance is like a giant game of whack-a-mole. Once you think your company is compliant with all policies and procedures documented and in place, there’s a new or amended law, regulation, or final rule that pops up landing you back at ‘start.’ There are shifts, interpretations, and balancing acts to understanding compliance changes. Keeping up is not easy and it’s very time consuming.
This is a particular pain point for small HR departments, or HR departments of 1, that lack compliance teams and in-house labor attorneys. So, what do you do?
The goal of this webinar is to make you smarter in knowing what you should be focused on and the questions you should be asking. It will also provide you with resources for making compliance more manageable.
Objectives:
• Understand the regulatory landscape, including labor laws at the local, state, and federal levels
• Best practices for developing, implementing, and maintaining effective compliance programs
• Resources and strategies for staying informed about changes to labor laws, regulations, and compliance requirements
2. AgendaAgenda
Why I chose this topicWhy I chose this topic
Related LawsRelated Laws
Enforcement AgencyEnforcement Agency
PurposePurpose
ProcedureProcedure
Underlying IssuesUnderlying Issues
Organizations/Employees InvolvedOrganizations/Employees Involved
Reports and FormsReports and Forms
Penalties for NoncompliancePenalties for Noncompliance
Recent CaseRecent Case
Current IssuesCurrent Issues
GuidelinesGuidelines
““Do’s”Do’s”
““Don’t’s”Don’t’s”
Closing ThoughtsClosing Thoughts
3. Why I chose this topicWhy I chose this topic
Summer HR internship for Wood CountySummer HR internship for Wood County
agencyagency
Union presenceUnion presence
Current organizational changeCurrent organizational change
Disciplinary actions due to conductDisciplinary actions due to conduct
SuspensionsSuspensions
Recommendations for termination/resignationRecommendations for termination/resignation
4. Related LawsRelated Laws
Can tie in with EEOCCan tie in with EEOC
Title VII of the Civil Rights Act of 1964Title VII of the Civil Rights Act of 1964
MD 110 – Appendices C and DMD 110 – Appendices C and D
State legislation variesState legislation varies
Examples:Examples:
California: Fair Employment and Housing Act (FEHA), 1959California: Fair Employment and Housing Act (FEHA), 1959
All employeesAll employees
West Virginia: State Code Section 29-6AWest Virginia: State Code Section 29-6A
Public higher education employeesPublic higher education employees
Colorado: Board Rules 8-5, 8-6, and 8-7Colorado: Board Rules 8-5, 8-6, and 8-7
State employeesState employees
5. Enforcement AgencyEnforcement Agency
EmployersEmployers
Private/Public (non-government)Private/Public (non-government)
GovernmentGovernment
UnionsUnions
Ex. Wood Haven Health Care: ServiceEx. Wood Haven Health Care: Service
Employees International Union (SEIU)Employees International Union (SEIU)
Arbitrator(s)Arbitrator(s)
Again: federal and state legislation variesAgain: federal and state legislation varies
6. PurposePurpose
Orderly systemOrderly system
Evaluate complaintsEvaluate complaints
Interpretation of existing laws, rulesInterpretation of existing laws, rules
Determine if fair, legalDetermine if fair, legal
7. ProcedureProcedure
The grievance process varies across allThe grievance process varies across all
companies and organizationscompanies and organizations
Can be more formal or also haveCan be more formal or also have
informal conceptsinformal concepts
Can be as simple as 2 steps and asCan be as simple as 2 steps and as
complicated as 6 or more stepscomplicated as 6 or more steps
8. Underlying IssuesUnderlying Issues
Whether intended or not, reflectsWhether intended or not, reflects
organizational cultureorganizational culture
Clarity can go a long way towards creatingClarity can go a long way towards creating
congruence between employee and employercongruence between employee and employer
expectationsexpectations
““A grievance is often a symptom of anA grievance is often a symptom of an
underlying problem.” (Dessler)underlying problem.” (Dessler)
““The best way to handle a grievance is toThe best way to handle a grievance is to
develop a work environment in whichdevelop a work environment in which
grievances don’t occur in the first place.”grievances don’t occur in the first place.”
(Dessler)(Dessler)
9. Organizations/EmployeOrganizations/Employe
es Involvedes Involved
Technically, any organization can have aTechnically, any organization can have a
grievance process.grievance process.
As such, any and all employees can beAs such, any and all employees can be
covered by this.covered by this.
Unionized workforces establishUnionized workforces establish
grievance processes with employersgrievance processes with employers
through their collective bargainingthrough their collective bargaining
agreementsagreements
10. Reports and FormsReports and Forms
Varies with each placeVaries with each place
Example Grievance forms (please clickExample Grievance forms (please click
the hyperlinks attached)the hyperlinks attached)
Department of Environmental Protection (FloridaDepartment of Environmental Protection (Florida
Dixie State College of UtahDixie State College of Utah
11. Penalties forPenalties for
NoncomplianceNoncompliance
EmployeeEmployee
Termination of filed complaintTermination of filed complaint
EmployerEmployer
Case-by-case basisCase-by-case basis
ArbitrationArbitration
LawsuitsLawsuits
12. Recent CaseRecent Case
Teamsters Local Union No. 89 v. Kroger Co. (2008)Teamsters Local Union No. 89 v. Kroger Co. (2008)
Case No. 3:07CV-351-RCase No. 3:07CV-351-R
United States District Court for the Western District ofUnited States District Court for the Western District of
Kentucky, Louisville DivisionKentucky, Louisville Division
Multiple disputes involved Local 89, Kroger, and TranserviceMultiple disputes involved Local 89, Kroger, and Transervice
Transfer of operations of Kentucky Distribution Center (KDC) toTransfer of operations of Kentucky Distribution Center (KDC) to
Transervice Logistics, Inc. and Zenith LogisticsTranservice Logistics, Inc. and Zenith Logistics
Letter of Understanding sent by Kroger to Local 89Letter of Understanding sent by Kroger to Local 89
Did Kroger violate terms of its Kroger Master Agreement collectiveDid Kroger violate terms of its Kroger Master Agreement collective
bargaining agreement with Local 89?bargaining agreement with Local 89?
Kroger filed for dismissal of initial complaint, so Local 89 filedKroger filed for dismissal of initial complaint, so Local 89 filed
revised complaintrevised complaint
Kroger’s second motion for dismissal was deniedKroger’s second motion for dismissal was denied
13. Current issuesCurrent issues
Decrease in union membership and useDecrease in union membership and use
of unionsof unions
Employment at-willEmployment at-will
Threat of lawsuitsThreat of lawsuits
Ever-changing lawsEver-changing laws
14. Guidelines: “Do’s”Guidelines: “Do’s”
1.1. Investigate and handle each case as though it mayInvestigate and handle each case as though it may
eventually result in arbitration.eventually result in arbitration.
2.2. Talk with the employee about his or her grievance;Talk with the employee about his or her grievance;
give the person a full hearing.give the person a full hearing.
3.3. Require the union to identify specific contractualRequire the union to identify specific contractual
provisions allegedly violated.provisions allegedly violated.
4.4. Comply with the contractual time limits for handlingComply with the contractual time limits for handling
the grievance.the grievance.
5.5. Visit the work area of the grievance.Visit the work area of the grievance.
6.6. Determine whether there were any witnesses.Determine whether there were any witnesses.
15. Guidelines: “Do’s”Guidelines: “Do’s”
7.7. Examine the grievant’s personnel record.Examine the grievant’s personnel record.
8.8. Fully examine prior grievance records.Fully examine prior grievance records.
9.9. Treat the union representative as your equal.Treat the union representative as your equal.
10.10. Hold your grievance discussions privately.Hold your grievance discussions privately.
11.11. Fully inform your own supervisor of grievanceFully inform your own supervisor of grievance
matters.matters.
16. Guidelines: “Don’t’s”Guidelines: “Don’t’s”
1.1. Do not discuss the case with the union steward aloneDo not discuss the case with the union steward alone
—the grievant should be there.—the grievant should be there.
2.2. Do not make arrangements with individualDo not make arrangements with individual
employees that are inconsistent with the laboremployees that are inconsistent with the labor
agreement.agreement.
3.3. Do not hold back the remedy if the company isDo not hold back the remedy if the company is
wrong.wrong.
4.4. Do not admit to the binding effect of a past practice.Do not admit to the binding effect of a past practice.
5.5. Do not relinquish to the union your rights as aDo not relinquish to the union your rights as a
manager.manager.
6.6. Do not settle grievances based on what is “fair.”Do not settle grievances based on what is “fair.”
Instead, stick to the labor agreement.Instead, stick to the labor agreement.
17. Guidelines: “Don’t’s”Guidelines: “Don’t’s”
7.7. Do not bargain over items not covered by theDo not bargain over items not covered by the
contract.contract.
8.8. Do not treat as subject to arbitration claimsDo not treat as subject to arbitration claims
demanding the discipline or discharge of managers.demanding the discipline or discharge of managers.
9.9. Do not give long written grievance answers.Do not give long written grievance answers.
10.10. Do not trade a grievance settlement for a grievanceDo not trade a grievance settlement for a grievance
withdrawal.withdrawal.
11.11. Do not deny grievances because “your hands haveDo not deny grievances because “your hands have
been tied by management.”been tied by management.”
12.12. Do not agree to informal amendments in the contract.Do not agree to informal amendments in the contract.
18. Closing ThoughtsClosing Thoughts
The grievance process is a current and relevant HR issue.The grievance process is a current and relevant HR issue.
The ability to file a complaint is linked to existing laws as well asThe ability to file a complaint is linked to existing laws as well as
employer rules and/or union collective bargaining agreements.employer rules and/or union collective bargaining agreements.
Multiple parties can be involved, especially when arbitration isMultiple parties can be involved, especially when arbitration is
needed to resolve the situation.needed to resolve the situation.
While the purpose of fairness is clear, both the procedure to file aWhile the purpose of fairness is clear, both the procedure to file a
grievance and the causes of filing can be unclear.grievance and the causes of filing can be unclear.
The grievance process needs to be adhered to; if changes areThe grievance process needs to be adhered to; if changes are
desired in a union environment, these changes need to be madedesired in a union environment, these changes need to be made
during the collective bargaining agreement negotiations.during the collective bargaining agreement negotiations.
Clarity, adherence, and open communication can help maintain aClarity, adherence, and open communication can help maintain a
steady working environment.steady working environment.
19. ReferencesReferences
Dessler, Gary.Dessler, Gary. Human Resource Management.Human Resource Management. (11th ed.) New Delhi, India: PHI(11th ed.) New Delhi, India: PHI
Learning Private Limited, 2009. (Original print by Prentice-Hall, Inc., 2008.)Learning Private Limited, 2009. (Original print by Prentice-Hall, Inc., 2008.)
Gundry, Lisa and Steven Briggs. “The Cultural Context of a Grievance Process:Gundry, Lisa and Steven Briggs. “The Cultural Context of a Grievance Process:
Employee Values and Expectations in Dispute Resolution.”Employee Values and Expectations in Dispute Resolution.” Journal of Business &Journal of Business &
Psychology.Psychology. Vol. 8, Issue 1. Fall 1993. 129-140.Vol. 8, Issue 1. Fall 1993. 129-140.
http://www.businessmanagementdaily.com/articles/7659/1/Employees-dont-have-to-usehttp://www.businessmanagementdaily.com/articles/7659/1/Employees-dont-have-to-use
http://www.colorado.gov/dpa/spb/geninfo.htmhttp://www.colorado.gov/dpa/spb/geninfo.htm
http://www.dep.state.fl.us/admin/forms/Personnel_Forms/DEP_54-101.dochttp://www.dep.state.fl.us/admin/forms/Personnel_Forms/DEP_54-101.doc
http://www.dfeh.ca.gov/DFEH/CivilRightsYear/50thbrochurecolorFINAL.pdfhttp://www.dfeh.ca.gov/DFEH/CivilRightsYear/50thbrochurecolorFINAL.pdf
http://http://www.dixie.edu/humanres/griev.pdfwww.dixie.edu/humanres/griev.pdf
http://http://www.eeoc.govwww.eeoc.gov
http://www.marshall.edu/human-resources/emprel/stat-griev-1.asphttp://www.marshall.edu/human-resources/emprel/stat-griev-1.asp
http://http://www.opm.gov/flsa/how.aspwww.opm.gov/flsa/how.asp
Teamsters Local Union No. 89 v. Kroger Co.Counsel: Source:2008, CASE NO:Teamsters Local Union No. 89 v. Kroger Co.Counsel: Source:2008, CASE NO:
3:07CV-351-R, LEXIS 29934, UNITED STATES DISTRICT COURT FOR THE3:07CV-351-R, LEXIS 29934, UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF KENTUCKY, LOUISVILLE DIVISIONWESTERN DISTRICT OF KENTUCKY, LOUISVILLE DIVISION