Grievance Mngmnt2003
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Transcript of Grievance Mngmnt2003
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MANAGING THE
GRIEVANCE PROCESS
By:- Udita
PrachiBhavna
Asheesh
Vishal
Pupul
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AGENDA
Introduction and
Objectives2
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OBJECTIVES
At the completion of this workshop you will havegained an understanding of:
The Purpose of the Grievance Procedure
How to Prevent a Grievance
Grievance TimelinesBenefits of Early Settlement
Steps in the Grievance Process
Preparing for a Grievance
Conducting the Grievance MeetingPreparing the Grievance Response
Preparing for the Grievance Meeting withEmployee/Labor Relations
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PURPOSEOF THEGRIEVANCEPROCEDURE
Allow union members to appeal decisions and resolve
problems
Allow employees to voice concerns regarding:
y Interpretation of Agreement
y Application of Agreement
y Compliance with Agreement
y Corrective Action
y 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 4
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HOW TO PREVENT A GRIEVANCE
Identify potential causes
Correct problems promptly
Encourage corrective suggestions
Establish and reaffirm policies and work rules
Communicate and give advance notice of changes
Keep employees informed of their progress
Be objective
Learn to listen
Be consistent
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IF YOU RECEIVE AN EMPLOYEEGRIEVANCE
First and foremost
y Dont panic!
y Hold your temper!
y Take charge!
y Consider the possibility of early settlement
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GRIEVANCETIMELINES
Refer to the appropriate union contractarticle/section titled Grievance Procedure forthe applicable time limits for receiving andresponding to grievances.
Also note:
Any grievance not answered within the timelimits specified shall be submitted to the next step(Union).
Any grievance not appealed to the nextsucceeding step in writing within the time limitsspecified will be considered withdrawn and noteligible for further appeal (Management). 7
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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/Steward credibility
Union/University credibility
Respect of employees gainedProlonged conflict avoided
Local control maintained8
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STEPS IN THEGRIEVANCEPROCESS
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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STEPS IN THEGRIEVANCEPROCESS
ORAL GRIEVANCE:
Employee presents oral grievance to immediate
supervisor within timeframe specified inAgreement.
Employee may request presence of union stewardduring discussion.
Supervisor provides written response to the oral
grievance within timeframe specified inAgreement.
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STEPS IN THEGRIEVANCEPROCESS
WRITTEN GRIEVANCE:
If the oral grievance is not satisfactorily adjusted:
The area steward can submit the grievance in writing to the
department head (or designated representative) on astandard grievance form signed by the employee.
The grievance must be submitted in writing within thetimeframe specified in the Agreement.
The department will arrange a grievance meeting betweenthe department head (or designated representative) and the
grievant, the steward, and/or Business Agent of the union.
The Department shall submit a written response to thegrievance within timeframe specified in Agreement.
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TEPS IN THE RIE ANCE
PROCESS
GRIEVANCE ADVANCEDTO EMPLOYEE/LABORRELATIONS:
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 thetimeframe specified in the Agreement.
Employee/Labor Relations will arrange a grievancehearing 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 grievancewithin the timeframe specified in the Agreement.
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PREPARING FORA GRIEVANCE
Investigate the complaint and organize the case
before the meeting by determining the following:
y Who is involved?
y
Where did the situation occur?y When did the incident occur?
y Why did the situation occur?
y What are the circumstances?
y What was the impact to the operation/business as a
result of the situation/incident?
y What remedy is the grievant seeking?
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CONDUCTING THEGRIEVANCEMEETING
Discuss the matter rationally:
y Review the grievance with the grievant and the
representative.
y Do not bargain with the grievant or the steward.
y Be certain that you have all of the information you
need before responding.
y 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 THEGRIEVANCERESPONSE
y Adhere to the timeline for your response.
y 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.
y Obtain acknowledgement of receipt of your answer
from the grievant/steward, including time and date.
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PREPARING FORGRIEVANCEMEETING WITH
EMPLOYEE/LABORRELATIONS
Employee/Labor Relations will facilitate theprocess at this step. The process includes:
Schedule prep meeting with thedepartment/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 onrecord.
Discuss the format of the grievance meeting.
Provide written response.16
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ARBITRATION
If the matter is not satisfactorily adjusted in theprevious step (Employee/Labor Relations), or ananswer is not given within the time specified, theunion may, by written notice, request the
grievance be advanced to an arbitrator.
Arbitration is a method of settling disputes throughan impartial third party whose decision is finaland binding.
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ARBITRATION
Preparing for the Arbitration Hearing:
Once an Arbitration hearing date has been
determined, the department will meet with
Employee/Labor Relations and the Universityslegal representative to fully prep for the hearing.
The Universitys legal representatives lead the
Arbitration process.
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ARBITRATION
The Arbitration Hearing:
The Union presents their case first if it is a non-
disciplinary matter. Otherwise, the Employer
goes first. The burden of proof is on the Union for all issues
except discipline. Otherwise, the burden is on the
Employer.
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ARBITRATION
Arbitration as a last resort:
A quasi-judicial process
Gives arbitrator power to issue a decision/award
which may result in:y a win-lose situation
y an Arbitrator-crafted decision
Parties lose control of dispute resolution
Costly
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QUESTION & ANSWERSESSION
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