Grievance Procedures - Essay Example

Grievance Procedures Introduction Labor relations are prominent in almost all work places. The nature of workplace revolves around time to time complaints and disputes, which come as a result of application and/or interpretation of the collective agreement that is set at the working places. It is with this regard that, there is the importance in addressing this issue through a collective agreement that contains the grievance procedure of which a dispute arising from an employer and a union can be resolved. Therefore, the grievance process exists to provide a framework that is meant to address and ultimately resolve disputes (Holley et al 467) Definition of a Grievance Essentially, every collective agreement contains a grievance procedure showing the steps by which an issue between an employer and the union during any tenure of a collective agreement is to be resolved. Hence, a grievance can be denoted as a dispute that crops up in a work related environment in relation to the interpretation, appliance, management or alleged violation of the specific terms of the collective agreement (Holley et al 468). Basically, it is a complaint that is filed by an employee as per his/her interpretation of the collective agreement. A grievance that is not settled in the course of its own procedures could be referred within given timelines as indicated by the collective agreement to Arbitration. Never the less, if a grievance procedure has been followed without any resolute being attained, then a single arbitrator or arbitration board should hear and determine the dispute that is referred to it, as his/her or its decision is final and should, therefore, be binding upon all the parties that are involved. Hence, it is seen as an absolute stage of resolution. Moreover, every grievance procedure operates within a specific time limit, which is present in each collective agreement. These limits are put in place to deal with grievances promptly. They should be taken into consideration by both the employer and the union to ensure that limits are adhered to unless under specific permission that must be agreed upon by one or the other party. In case, this is not done chances are that the whole grievance procedure becomes invalid especially if it is in reference to arbitration. Either party is in a position to raise the lack of adherence to timeliness as a preliminary objection of having the grievance dismissed. Benefits of Grievances The grievance procedure has benefits, which helps the process to be in place. First, the process is capable of generating stability in day-to day employees’ relations as it ensures that employees have a sense of assurance within the collective agreement life of a mechanism that resolves issues rather than allowing them to continue. In fact, the presence of a grievance process at any work place ensures that disputes do not escalate but rather get resolved at the appropriate time. Second, the process plays an important role in creating a sense of democracy in the work place especially when it allows employees to air their grievances without the fear of intimidation by the employers. Third, the process gives employees a chance to hold open discussions on issues that are related to their work, and improve communication between the employer and the employee (Holley et al 469). Furthermore, interpretation of a collective agreement is allowed as it presents an option of submitting problems to neutral third party. This builds up strong labor relations, improves morale and increases overall productivity. The common sources of grievances include: discipline and discharge, working hour and overtime, postings of job and seniority. Steps in a Grievance Procedure Every collective agreement denotes the steps as per their respective grievance procedures A typical grievance procedure of an individual employee includes the following: Informal discussion Prior to a formal grievance filing, an employee must discuss the issue with the supervisor. At times, the grievance may be solved at this particular point, but incase it not then, thorough investigation and documentation must be carried out to establish the possibility or impossibility of having a violation of the collective agreement. Specific questions should be asked to ensure that the employee’s complaints are fully understood. Incase of witnesses to the grievance, it is important to speak to them soonest possible to ensure that the complaint is put to book (Holley et al 471). All these should be documented with the inclusion of a completed investigation report, witness statement, the employee’s file, previous incidents of similar cases and the collective agreement. The collective agreement then takes over for implementation or administered. Never the less, if the dispute is not settled at the information discussion then a grievance is filed stating the articles that are said to be violated. Step One Once the grievance has been filed, the employee together with the union representatives should complete a numbered form that is provided by the union, outlining the grievance fact, the article form the collective agreement that have alleged being violated and the remedy submitted to the supervisor. Upon its receipt, the supervisor must arrange for a meeting between him, the employee and union representative, within the given time frame and further provide a documented response to the grievance (Holley et al 472). Step Two This comes in if step one is not properly handled. The grievance is submitted to the Dean/Budget Unit Head with specific time frame where a meeting is held with the inclusion of the employee, and at least two union representatives. At this point, the Dean is expected to respond in writing to the union and the griever. Step Three Know to be the third and final stage where a dispute is supposed to be resolved before arbitration. Any matter that is not solved at step two is referred to the Associate vice president or her designate, who is supposed to hold a meeting where there is more input on the information as well as a large sitting of representatives, who should respond in writing to the union. Similarly, if the union finds the respond rather unsatisfactory, it has the mandate of informing the employer of its intention to take the grievance to the next level which happens to be arbitration. Arbitration Any case that gets here goes through the proceedings that are similar to those of a court hearing. There must be sustainable proof to show that the employer violated the collective agreement and the resolutions given were not agreeable. Documentary evidence is crucial during the proceedings to establish the facts and the support of the action that is to be taken. The legal counsel is generally engaged in the proceedings, hence any decision made by the arbitrator is ultimate and obligatory (Holley et al 474). Conclusion All in all it is important for leaders /employers to keep the communication lines open with employees so as to ensure that the problems that may arise do not become disputes which eventually lead to arbitrations. Works cited; Holley, William, et al. The Labor Relations Process. Mason, OH: South-Western Cengage Learning. 2012. Read More