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GRIEVANCE HANDLING

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GRIEVANCE

“ grievance is any dissatisfaction or feeling of injustice in connection with one’s employment situation that is brought to the notice of management.”

“a grievance is any dissatisfaction whether expressed or not, arising out of anything connected with the company which an employee thinks, believes or even feels to be unfair, or unjust.”

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Cont..

According to ILO :-

“ grievance is a complaint of one or more workers related to :-

Wages and allowance Conditions of work Leaves, transfer, promotion, seniority, and job

assignment & termination of service.”

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Difference between …

DISSATISFACTIONAnything that disturbs an employees, whether or not such unrest is expressed

in words.

COMPLAINTSIt is written or verbal dissatisfaction, brought to the attention of the supervisor

and the union leader. The complaint may or may not specially assign a cause for dissatisfaction.

GRIEVANCEIt is simply a complaint which has been formally presented in writing, to a

management representative or a union official.

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Grievance …

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CAUSES OF GRIVANCE …

Inter –personal factors :-

•Poor relationships with team members•Autocratic leadership style of superiors•Poor relations with seniors•Conflicts with peers and colleagues

Management policies :-

Wages rates Leave policy Over time Lack of career planning Role conflicts Lack of regards for collective agreement Disparity between skill of worker and job

responsibility.

Violation of rules and regulations :-

•Organizational rules and regulations•Past practices•Procedure of collective bargaining.

Working conditions :-

Poor safety and bad physical conditions Unavailability of tools and proper

machinery Negative approach to discipline Unrealistic targets

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Types of Grievances …

INDIVIDUAL GRIEVANCE An individual grievance is a complaint brought forward by a single employee

in which a decision made affects that specific employee.

GROUP GRIEVANCE A group grievance is a complaint brought forward which concerns more than

one employee grieving.

POLICY GRIEVANCEA policy grievance is a dispute involving a question of general application or

interpretation of any article of the collective agreement rather than the direct management action involving a particular employee.

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If you Receive an Employee Grievance ...

First and foremost… Don’t panic! Hold your temper! Take charge! Consider the possibility of early settlement…

Essential pre- requisites of a grievance procedure…

Conformity with statutory provisionsDue consideration must be given to the prevailing legislation while designing the grievance handling procedure.

Unambiguity Every aspect of the grievance handling procedure should be clear and unbiguous. All employees should know whom to approach first when they have grievance, whether the complain should be written, or verbal, the maximum time in which the redressal is assured, etc.

Promptness The grievance of employees should be promptly handled and necessary action must be taken

immediately.

Training The supervisors and the union representatives should be properly trained in all aspects of

grievance handling beforehand or else it will complicate the problem.

Follow- up The personnel department should keep track to the effectiveness and the functioning of the

grievance handling procedure and make necessary changes from time to time.10

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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

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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).

Preliminary step of grievance handling …

Open door policy Under this policy, the aggrieved employees/workers are free to meet the top executives of the organization and get the grievances redressed.

Step- ladder policyunder this policy, the aggrieved employees/ workers has to follow a step by step procedure for getting his grievance redressed. In this procedure, whenever an employee is confronted with a grievance, he present his problem to his immediate supervisor. If the employee is not satisfied with superior’s decision, then he discusses his grievance with the departmental head. The departmental head discusses the problem with joint grievance committees to find a solution. However, if the committee also fails to redress the grievance, then it may be referred to chief executive. If the chief executive also fails to redress the grievance, then such a grievance is referred to voluntary arbitration.

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grievance handling model …

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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 credibility Union credibility Respect of employees gained Prolonged conflict avoided “Local” control maintained

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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

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1-Steps in the Grievance Process …

ORAL GRIEVANCE:

Employee presents oral grievance to immediate supervisor within timeframe specified in Agreement.

Supervisor provides written response to the oral grievance within timeframe specified in Agreement.

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2 -Steps in the Grievance Process …

WRITTEN GRIEVANCE:

If the oral grievance is not satisfactory adjusted: The union staff representative can submit the grievance in writing

to the department head 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 and the grievant, union staff representatives.

The Department shall submit a written response to the grievance within timeframe specified in Agreement.

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3-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.

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Preparing for a Grievance …

Investigate the complaint and organize the case before the meeting by determining the following: Who is involved? When did the incident 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?

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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.

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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.

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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.

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4 –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.

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Arbitration cont…

Preparing for the Arbitration Hearing:

Once an Arbitration hearing date has been determined, the department will meet with Employee/Labor Relations and the organization’s legal representative to fully ‘prep’ for the hearing.

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Arbitration cont…

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.

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Arbitration cont…

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

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Effective Grievance procedure …

Know your time limit Resolve grievances at lowest possible step Keep the grievant informed about the status of the

grievance Publicize grievances Use bulletin boards if possible Keep written records of all grievances (including the

grievance fact sheet and the grievance form) Understand the value of grievances beyond the

correction of immediate justice.

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