grievance mngmnt2003

8/9/2019 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Any grievance not appealed to the nextsucceeding step in writing within the time limitsspecified will be considered withdrawn and noteligible for further appeal (Management). 7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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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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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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