industrial relations report

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Acknowledgement

We are very thankful to Almighty Allah (The most Beneficent & Merciful), who made it possible for us to make the first move to this report and take it to the highest level of completion and accomplishment. We are also very thankful to Him for giving the energy and motivation to fulfill the essential of this report.We would like to thank Mr.Muhammad Khan Khoso for assigning this interesting project and providing the opportunity to learn & gain most valuable experience from this work. We would like to express our gratitude once again to him for his guidance and support.

ContentsI.Introduction4II.DIVERSITY5i.Significance of diversity6ii.Types of Diversity6iii.Outcomes of workplace diversity conflicts6III.GRIEVANCE8i.Grievance Procedures8ii.Discipline procedure9iii.Grievance significance9iv.Causes9v.Who Can File a Grievance10vi.Grievance Procedures in Unionized Firms as Provided in their CBA10vii.To reduce the grievances that are appealed, supervisors are encouraged to follow these recommendations:10viii.Responsibility of the Union Steward and Foreman in Handling Grievances11ix.Arbitration11x.Voluntary arbitration11xi.Scope of Voluntary Arbitration11xii.Voluntary Arbitrator12xiii.Authority of an Arbitrator12xiv.Authority of an Arbitrator12xv.Processing the Grievance12xvi.Grievance Procedures in Non- unionized Firms13IV.Strategies for Managing Diversity to minimize the grievances:13V.Recommendation13VI.Conclusion14VII.References15

EXECUTIVE SUMMARY

The diversity and equality have impacted the organization with both advantages as well as disadvantages. In our study we are focusing on the impact of workforce diversity and employee grievance. We will analyze in detail that what diversity and grievances occurred and which factors bring them in. Do these factors impact organization positively or negatively? Yes it is healthy and aid organization growth and productivity but on the contrary it does bring grievances which are automatic. Grievances provide a systematic process for hearing and evaluating the complaints of employees. It also protects the right of employees and eliminates the need for strikes every time a disagreement occurs about the labor contract. Grievance redressal is best achieved by not having grievances, but reality is that interactions by and of individuals at the work place does lead to both individual and collective grievances, and what is needed is a mechanism for resolution. However, the methodology of gauging these grievances could be formal or informal. Various forums are there in organizations, such as exit interviews, opinion surveys, gripe boxes, open houses, informal get together, open door policy, where there is a system of having periodic interactions where all required communications and feedback are received and given, which does helps in reducing grievances.

I. INTRODUCTION"We have become not a melting pot but a beautiful mosaic. Different people, different beliefs, different yearnings, different hopes, different dreams." Jimmy Carter

In todays corporate world the workforce like before is not homogenous and same but it has diversified; and old concept to treat employee like slave and unequal has gone too. Todays globalized and competitive world compels every organization of corporate or public sector to have a much diversified workforce and every race and gender are treated to be equal and same. In todays competitive world most of organizations have vast workforce diversity and equality among everyone i.e. there is no discrimination or biasness on race, gender, color, religion and age among workforce. Diversity is a phenomena practiced globally. It is an uncontrollable factor which is healthy for every relationship be it a family related personal or corporate level relationship. The diversity and equality have impacted the organization with both advantages as well as disadvantages. In our study we are focusing on the impact of workforce diversity and employee grievance. We will analyze in detail that what diversity and grievances occurred and which factors bring them in. Do these factors impact organization positively or negatively? Yes it is healthy and aid organization growth and productivity but on the contrary it does bring grievances which are automatic. Diversity creates issues such grievances unintentionally a negative aspect along with several positives of diversity. This grievance can be due to various causes. Most progressive organizations have a grievance redressal procedure for handling employee grievances within the broader context of employee engagement to address employees concerns, so as to prevent them culminating into disputes. Grievance procedures do help in identifying areas for improvements, so as to improve employee morale and satisfaction.

Organizations need to recognize that employees may wish to seek redressal of grievances relating to their employment. However, there could also be grievances relating to disciplinary actions taken. The organization needs to lay down the internal procedure of appeal by the aggrieved employee on decisions involving disciplinary action.

Most grievances of employees are on issues relating to their workplace and / or on the behavior of their co-employees and this need to be addressed. There are three broad approaches by which organizations tackle grievances i.e. (i) appointment of ombudsman (ii) having a grievance redressal process with only management personnel in it (iii) having a grievance redressal committee with participation from both management and union.II. DIVERSITY

It literally means difference. When it is used as a contrast or addition to equality, it is about recognizing individual as well as group differences, treating people as individuals, and placing positive value on diversity in the community and in the workforce.i. Significance of diversityIt is important for every business from manufacturing to the service sector. Every workplaces most important asset is their Human resource. The service economy where the Interactions between people are key and the Customer base is more diverse. As well as the Similarities between people to ease the process of the task they are assigned. Moreover the with increase in growing business trend of going global is also increasing by leaps and bounds.in the Globalization of business it is routine task of doing business with people from around world. The changing labor market and incidents like Company mergers and buy-outs incorporate working with a range of different individuals.so it is apparent that diversity is everywhere.ii. Types of Diversity

Gender Diversity Age Diversity Cultural Diversity Sexual Orientation Family Situations Physical and Psychological Disabilities Political Views Personal Idiosyncrasiesiii. Outcomes of workplace diversity conflicts

a. PrejudiceUnfortunately, people have their biases and prejudices about different races and ethnic groups. Sometimes they keep their views to themselves, but sometimes they let them slip through their words or conduct. In some cases, even jokes can come across wrong and create offense. Many companies have diversity training to address such situations and behaviors. Additionally, it's important to realize that prejudices run in all directions. Many times, minority groups have biases and stereotypes of their own--including some about other minorities.

b. Cultural GapsAmerica is full of both U.S. born and immigrant workers with many different ethnic backgrounds. They come with different perspectives, social styles, approaches, senses of propriety and communication styles. As cultures mix in the workplace, employees and managers can get frustrated when communication becomes difficult or when social styles don't mix easily with a company's culture. Different cultures can be more, or less, deferential to authority or have higher or lesser degrees of autonomy in the workplace, which can differ from a company's needs. Resolution often requires open exchanges and a process of learning on the part of employee, co-workers and managers. Everyone needs to understand and respect the perspectives of others in order to find a workable common ground.

c. LanguageDiversity often brings people whose first language isn't English. In some cases, language can be a genuine impediment to doing a job and an employee must be assisted to improve his or her language skills. From a different angle, when someone speaks English well, it can be easy to forget it's not native for them. Teams have to be careful with slang and colloquialisms that non-native speakers might not understand. Likewise, in bilingual workplaces, employees must be careful not to say anything in one language that they wouldn't say in another. It can be damaging and disrespectful if a second language becomes a "code" to keep coworkers from understanding conversations.

d. ReligionAmerica is filled with all kinds of religions and denominations. People don't always understand each others' belief systems, which can cause stereotypes and biases that create hurt and even legal liability if they leak out in the workplace. Federal and Texas law prohibits hiring and workplace discrimination, including harassment and unequal treatment. Employers can face serious penalties from the Equal Employment Opportunity Commission and the Texas Workforce Commission when conflict based on religion arises.

e. GenderWhile the Civil Rights Act of 1964 and the Equal Pay Act legally forbid discrimination against women in hiring and the workplace, social attitudes have taken longer to change. However, someone's sexist attitude can cost his company a lot of money and agony if the EEOC or the Texas Workforce Commission get involved. Companies can also face civil suits for discrimination and sexual harassment. Smart employers not only have policies on sexual harassment and gender discrimination, but also provide training on these issues to ensure a respectful, comfortable workplace in which everyone feels valued and has equal opportunity.

III. GRIEVANCE

Grievance is a complaint about an organizational policy, procedure or managerial practices or discomfort, whether it is valid or not as per Paul Salipante and Rene Brownen.i. Grievance ProceduresGrievances provide a systematic process for hearing and evaluating the complaints of employees. It also protects the right of employees and eliminates the need for strikes every time a disagreement occurs about the labor contract.ii. Discipline procedureThe discipline procedure provides a systematic process for handling problem employees. Its goal is to help employees perform better; but if they fail to respond, a procedure is needed for firing them as a last resortiii. Grievance significanceIn unionized firms, it refers to any question by either the employer or the union regarding the interpretation of the collective bargaining agreement or company personnel policy or any claim by either party that the other party is in violation of any provision of the CBA or company personnel policyIn non- unionized firms, it defines as any discontent or sense of injustice, even criticisms that are never expressed by employeesReferred to in Title VII- A of the Labor Code is a dispute or controversy between the employer and the collective bargaining agent arising from the interpretation or implementation of their CBA and/ or those arising from the interpretation or enforcement of company personnel policies, for the adjustment and resolution of which the parties have agreed to establish a machinery or a series of steps commencing from the lowest level of decision- making in the management hierarchy and usually terminating at the highest official of the companyiv. CausesDiffering application and interpretation of the Collective Bargaining Agreement.Grievance frequently arise due to unclear contractual language that creates differing interpretation, application and administration of its provision.Perceived unfair treatment of the employee by the supervisor or ineffective or inadequate supervisor or ineffective or inadequate supervision Grievances usually arise when supervisors behave dictatorially, when they refuse to listen to employees complaints, when they are unfair or inconsistent in disciplinary actions, when they give inadequate or unclear instructions, or actions, or when they fail to keep employee informed.The cause was violation by management of the labor of agreement or violation of the law. Grievances inspired by the Union leaders can be explained as some union stewards are oriented towards submitting grievances. Even when he offended employees decides not to file the grievance; some stewards will file the grievance in the name of the union. Some union representatives solicit grievances because they want to retain their position in the union.The Lack of clear- -cut company labor policy as this may cause confusion or misunderstanding on the part of the employees especially when there is no union to protect their interest or no effective employer- employee channels of communication exist.v. Who Can File a Grievance

The union, selected or designated by the majority of the employees being their exclusive bargaining representative, generally recognized as having the right to initiate, file or present grievance, either with regard to their rights as unions under, or with regards to the rights of employees, whether collective or individual.while employers do not as general rule initiate a grievance, it would be prudent to include in the CBA granting the employer such right, especially in cases where the employer may wish to use the grievance machinery to resolve a question over a vague or indefinite provision of a CBAvi. Grievance Procedures in Unionized Firms as Provided in their CBA

1. The employee who has a grievance or claim shall submit this to his immediate supervisor.2. Submitting the grievance to the employees union representative.3. Appealing the grievance to the top management representative with the top union officials.4. Submitting the grievance to arbitration.vii. To reduce the grievances that are appealed, supervisors are encouraged to follow these recommendations:

1. Receive and treat all complaints seriously and give the employee a full hearing. 2. Get the fact by handling each case as though it may eventually result in arbitration. This can be done by checking very angle of the complaint, checking the provision of the existing CBA, the company policy, Examining the employees record.3. Carefully examine all the evidence before making a decision. Avoid lengthy delays.4. Follow- up to make sure the plan of action is properly carried out by means of correcting conditions which could result in a similar grievance happening again.viii. Responsibility of the Union Steward and Foreman in Handling Grievances

Union stewards and foreman must see to it that grievances are presented only when there is real basis for complaint or there is a need for a decision. If the stewards are convinced that the worker does not have a real case, it is better to tell him right away.The foreman or supervisor on the other hand , should be trained in the human relation aspect of their jobs. They should be ready to listen first before they start debating with the employees.ix. ArbitrationArbitration is a quasi- judicial process in which the parties agree to submit an unresolved dispute to a neutral third party for binding settlement.x. Voluntary arbitrationVolunteer arbitration represents the final stage in the dispute resolution processxi. Scope of Voluntary Arbitration

1. Unresolved Grievances arising from CBA.2. Unresolved grievances arising from personnel policy enforcement and interpretation including disciplinary cases.3. Under Article 262 of the Labor Code, all other labor disputes including unfair labor practices and bargaining deadlocks may also be submitted to voluntary arbitration upon agreement of the parties4. All unresolved wage distortion cases as a result of the application of the wage orders issued by any Regional Tripartite Wages and Productivity Board in establishments where there is collective bargaining agreement or recognized labor union.5. All unresolved disputes, grievance, or other matters arising from the interpretation and implementation of a productivity incentives program which remains unresolved within 20 calendar days from the time of the submission to labor management committees.xii. Voluntary ArbitratorThe volunteer arbitrator defined as any person accredited by the National Conciliation and Mediation Board, or anyone named or designated in the CBA by the parties, to act as their voluntary arbitrator.xiii. Authority of an ArbitratorGeneral Authority to investigate and hear the case upon notice of the parties and to render a decision based on the contract and record of the case.Incidental authority to perform all acts necessary to an adequate discharge of his duties and responsibilities like setting and conducting of hearing, attendance of witnesses and proof documents and other evidences, fact finding and other modes of discovery, reopening of hearing, etc.xiv. Authority of an Arbitrator

Special power in aid of his general contractual authority like the authority to determine arbitration of any particular dispute and to modify any provision of the existing agreement upon which a proposed change is submitted to arbitration.xv. Processing the Grievance

1. Identification of the issue or issues involved2. Developing its factual basis or background.3. Determining the contract provisions involved.4. Evaluating the merits of the grievance in the light of the factual background and applicable rules.5. Working out a fair and just settlement.xvi. Grievance Procedures in Non- unionized FirmsPresentation of employee problems to the foreman or supervisor who is expected to settle the problem within the specified period.If not satisfied, the employee can elevate the complaint to the next higher level to resolve the grievance.The problem or case may be taken to arbitration for final decision if no satisfactory solution has been reached by the above procedures.IV. Strategies for Managing Diversity to minimize the grievances:

Articulate a clear diversity mission, set objectives, and hold managers accountable. Spread a wide net in recruitment to find the most diverse possible pool of qualified candidates. Identify promising women and minorities and provide them with mentors and other kinds of support. Set up diversity councils to monitor the companys goals and progress toward them. Programs for Managing Diversity: Diversity Training Providing managers with training How to recruit/hire diverse employees How to orient/integrate new employees Providing all employees with training Realizing the differences that exist Learning how differences affect working environment How to maximize productivity without ignoring employee differences

V. Recommendation

Personal, Social and Family

Improved understanding of self and accountability for communication and actions. Improved, Open & Clear Communication Enhanced relationships with self, family and others. Personal motivation. Greater respect for self and others. Skills, awareness and ability to enhance future relationships. Personal shift from conflict to caring.

Team-based

United Professionalism Open & Clear Communication Team accountability for actions, communications and outcomes. Peer-based and peer-managed workplace diversity management/ leadership. Team conflict resolution structure. Team clearing of past inter-personal challenges. Team Recognition of individual and team performance and achievements. Team-accountability for developing communication, understanding, support and discipline. Team managed exclusion of negativity, conflict, backbiting, gossiping and other negative behaviors.VI. ConclusionGrievance redressal is best achieved by not having grievances, but reality is that interactions by and of individuals at the work place does lead to both individual and collective grievances, and what is needed is a mechanism for resolution. However, the methodology of gauging these grievances could be formal or informal. Various forums are there in organizations, such as exit interviews, opinion surveys, gripe boxes, open houses, informal get together, open door policy, where there is a system of having periodic interactions where all required communications and feedback are received and given, which does helps in reducing grievances. The same is then shared horizontally and vertically. There are organizations that have employee Portals, through which an employee having a grievance can send the grievance in a specified template / format to a specified e-mail and the grievance is attended to in a specified time frame.

Large number of organizations in India has developed their efficient and credible grievance redressal mechanism. For example Tata Chemicals Ltd. have a Grievance Handling System at their factory called We Care @TCL wherein workers, contract workers , nearby farmers and community stake holders can communicate their grievance in writing through drop box / e-mail / form or communicate orally to the Personnel Department wherein the grievance is recorded , investigated and replied within specified time limits. There are organizations that also have a closed drop box, where one can write down her / his grievances anonymously and the same is opened to gauge things. This at times does help for grievances to be redressed before they surface with any serious dimension. Presently many manufacturing and service sector companies are regularly and continuously employing large number of contract workers through contractors / service providers at their premises, hence there is a need to evolve a system to understand the grievances of this category of workers, as has been done by Tata Chemicals Ltd.

VII. Referenceshttp://www.africa-dreams.com/http://scholar.google.com.pk/scholar?q=recommendations+for+decreasing+diversity+conflicts&hl=en&as_sdt=0&as_vis=1&oi=scholart&sa=X&ei=cJ5RU7bfHsKkPbbNgYgM&ved=0CCYQgQMwAA

WORKPLACE DIVERSITY AND EMPLOYEE GREVANCES