...of the Grievance and Arbitration Process The Grievance and Arbitration Process BUS405 Labor Relations July 20, 2010 The Grievance and Arbitration Process There has always been a need for conflict resolution on the job. The grievance and arbitration process is one way for employees to be heard when conflict on the job arises. The grievance and arbitration process is also a way for employees to obtain some type of satisfaction at the end of the grievance process. Having representation by the union often guarantees an employee a fair, just, and timely grievance process. However, not all employees feel that way when they are not a represented the union. The grievance process can mean different things to each individual employee and usually no two complaints are normally about the same type of issue. “There are two possible approaches to defining a grievance: therapeutic and legalistic” (Holley, Jennings, & Wolters, 2008, p.421). A grievance is a complaint and more than likely some type of violation of an employee's rights on the job. Grievances almost always are due to work related issues. Similar a right that is usually, but not always defined by an employment or some other type of contract. According to Holley et al., (2008), “a grievance is clearly defined as an employee’s or employer’s alleged violation of the labor agreement that is submitted to the grievance procedure for resolution by the employee” (p. 420). Despite the definition of a grievance, employees...
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... A grievance is generally defined as a claim by an employee that he or she is adversely affected by the misinterpretation or misapplication of a written company policy or collectively bargained agreement. To address grievances, employers typically implement a grievance procedure. The grievance procedure may also be part of a collective bargaining agreement. A grievance procedure is a means of internal dispute resolution by which an employee may have his or her grievances addressed. Most collective bargaining agreements include procedures for filing and resolving grievances. Within a union environment, the processes will typically involve the employee, union representatives and members of the employer’s management team. Grievance processes may differ somewhat from employer to employer and under various collective bargaining agreements. However, most will have certain general processes in common. Grievances are brought to the employee’s immediate supervisor. This may be either an informal process or the beginning of the formal process. Generally, there will be a requirement that the grievance be submitted in writing using a grievance form. Usually, the supervisor and the union representative will review the grievance to determine whether it is valid. Also, most grievance procedures will require that the submission occur within a specified timeframe following the event or incident. Three possible outcomes may occur at this stage of the process: •The...
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...1.1: Background of the Report An employee has may a grievance. For this reason develop Dissatisfaction in employees mind. Grievance is a part of industrial Relation, since we are student of EVMBA, and this part of EVMBA program, our industrial relation course teacher Mr. Md. Arifur Rahman assigned us to prepare are port on Grievance handling procedure in a RMG sector of Bangladesh as related topic industrial relation course. We have selected our report topic as “Employee Grievance in the workplace and its remedies: A study on RMG sector of Bangladesh”. We have made a survey for required information in RMG Sector in Bangladesh in net. We have prepared our report on November 28, 2013 which will be submitted by November 29, 2013. 1.2: Objective of the Study We have prepared this report based on two purposes. Those are- 1) To develop our Knowledge in RMG sector of Bangladesh 2) And provide more Valuable Information gathered for who passionate employee to want to join in RMG sector. 1.2.1 Primary Objective: The report aims to provide information on suggest more valuable step follow grievance handling procedure effective of by the RMG sector through Management 1.3: Scope of the Study There is a certain boundary to cover this report. Our particular report only covers Training and Development in RMG sector. We mainly focus how to handling grievance procedure and what types of principles follow to Grievance handling procedures RMG sector. 1.4: Limitations of the...
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...effect of giving notice to sponsors for all suspensions. Under the proposed rule the provisions for termination remain unchanged,except that a second CNCS review has been eliminated. Experience has shown that a lengthy termination review process is not beneficial to VISTAs at the project in question, unduly consumes the sponsor's staff time and other resources, creates uncertainty for project beneficiaries, and exhausts VISTA resources that could be put to use for the benefit of project beneficiaries. 2. 45 CFR part 1210, which deals chiefly with early termination of a VISTA, is moved to 45 CFR part 2556, subpart E and changed to improve the cost-effectiveness of the provisions and increase efficiency of VISTA program functions. The new provisions for early termination remain substantively the same in many respects. However, the early termination for cause process is modified. While the process retains more than sufficient due process in the form of written notification and appeals at two levels, the inclusion of a hearing examiner in that process is removed. Experience has shown that a multi-layered termination process is protracted, unduly burdensome, and incompatible with a service term that can last no more than a year's time. Such a process creates potential harm to the operations of the project and its beneficiaries where the VISTA had been assigned, prolongs uncertainty for the...
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...Grievance Handling Handbook Produced by: www.fairemployment.sg Printed in January 2011 All rights reserved. No part of this book may be reproduced in any form or by any electronic mechanical means, including information storage and retrieval systems without permission in writing from the publisher. CONTENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. Introduction: Why a Grievance Handling Procedure is Vital Definition of Grievances and Complaints at the Workplace Work-related Grievance Types of Grievance: General vs Individual Handling of General Grievances Handling of Individual Grievances Making the Grievance Procedure Work Employee Counselling Handling Unexpected Scenarios 01 02 03 05 06 09 12 20 24 28 10. Going Beyond the Organisation 01 1. Introduction: Why a Grievance Handling Procedure is Vital There is a greater diversity in the Singapore workplace today, comprising employees from different age, nationality, gender, ethnic and religious background. In such work environment, miscommunication and misunderstanding are likely. If not managed properly, such misunderstandings will affect employees’ moral and productivity. With employees being more Internet savvy and the popularity of social media, such unhappiness may also be publicised on social media platforms such as Facebook or Twitter. Such negative publicity can affect the employers’ image and brand, causing unnecessary embarrassment to the management. In some cases, such grievances can also lead to expensive...
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...industrial action prompted by the refusal of employees to work. Strike actions usually occur as a reaction to employee grievances. Strikes became relevant during the Industrial Revolution, when public labour became important in factories and mines. According to Black and Silver, “Strikes are the ultimate action available to unions as a means of trying to win gains for its members in collective bargaining”. The popular idea that strikes are “unreasonable, costly and not well founded” is a fallacy. Unionized workers are justified to engage in strike activities in order to defend their wages and benefits because it is legal for aggrieved unionized workers to take strike action, strike action affirms workers’ support for the bargaining position, the increasingly hostile political and economic climate and also because it asserts some form of seriousness on the part of unionized workers in their bid to defend their struggles for better wages and employment benefits. Unionized workers are justified to engage in strike activities in order to defend their wages and benefits because it is legal for workers to go on strike. The National Labor Relations Act (NLRA) grants employees the right to strike and if a collective bargaining agreement does not contain a “no-strike” clause. Unionized workers usually resort to strikes only in severe situations when their grievances are not properly sorted out with the employer. With the exception of doctors, nurses, firefighters, and the police; professional...
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...ARTICLE 1- Recognition 1.01 The Employer recognized the Gaming Employees’ Union, Local 1 as the sole bargaining agent for all employees of the Diamond Casino in the City of Windsor, save and except Shift Supervisors and persons above the rank of Shift Supervisor. 1.02 With an employee’s agreement, he or she may fill the role of Shift Supervisor on a temporary basis. ARITCLE 2-Union Security 2.01 The employer shall not deduct from the wages of each employee in the bargaining unit the amount of union dues as determined by the union and remit the dues to the union in accordance with article 2.02 2.02the amount deducted in accordance with article 2.01 shall be remitted to the union within a reasonable period of time after the deductions are made and shall be accompanied by a list of names of all employees from whom deductions have been made. ARTICLE 3- Management Rights 3.01 The union recognizes the right of the employer to operate and manage its business in all respects, to maintain order and efficiency in its facilities, to determine the location of its facilities, the work to be performed, the methods and schedules of performances and equipment to be used. The union further acknowledged that the employer has the right to make, and alter from time to time, reasonable rule, regulations, and policies to be observed by employees. Such rules, regulations, and policies shall not be inconsistent with the provisions of this agreement. All changes in the posted rules and...
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...effective Out of Class grievance Introduction: Article 14.2, 14.2.17 and 14.2.21 of the MOU governs The Out of Class grievance process. Out of Class grievances are some of the most difficult grievances to win in Arbitration. Out of class grievances that are not resolved at the department level are resolved by DPA in some instances, provided there is substantial evidence that an employee is working out of class. Grievances not resolved at DPA that are approved for Arbitration must have evidence that can be presented to an Arbitrator that proves an employee is performing duties of an existing, higher paid classification more that 50% of the time over 2 consecutive work weeks (MOU Art. 14.2, 14.2.17, 14.2.21) that do not overlap with the worker’s existing SPB class specification. The Out of Class Grievance Process If the out of class work is ongoing, the grievance is always timely. However, once an out of class grievance is filed, the procedural steps outlined in the MOU Article 14, must be followed. If the out of class duties cease to be performed for any reason, an out of class grievance must be filed within 21 calendar days (except Unit 21, Out of Class grievances must be filed within 60 days) of when the worker ceased doing the out of class work, MOU Article 14.2, 14.2.17 and 14.2.21. Remember the only remedy an Arbitrator may award is out of class pay for one year, prior to the filing of the grievance, plus the time it takes to process the grievance. The Arbitrator...
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...Human Resource Management Case Analysis on Grievance Issues Related to Air India Submitted By : Sapana Sarawagi (MS-49) Sonam Gensapa (MS-52) Sandeep Jorasia ( MS-46) Case: Air India employees go on a strike after their grievances regarding parity in wages, delay in payment of their salaries and issues relating to working conditions could not be resolved. Currently the issue is going on as they have threatened to go on a strike on March 9, 2011. Background: In May 2007, India's Ministry of Civil Aviation announced that Air India Limited (AI), India's national flag carrier and Indian Airlines Limited (IA), the government owned domestic airline, would merge with effect from July 15, 2007.1 The new airline formed by the merger was to be called 'Air India,' and would operate in both the domestic and international sectors. The AI-IA merger was expected to create one of the biggest airlines in the world in terms of the fleet size. According to information posted on IA's website, the increasingly intense competition faced by AI and IA from private and global airline companies, was the main reason for the merger of the two airlines. . However, the proposed merger was not without its share of critics. Initially there was opposition from the employees of the two airlines as they feared that the merger would result in job cuts. The Aviation Minister, Praful Patel, had allayed their fears and assured the employees unions of the two airlines that employment conditions...
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... WHAT IS COLLECTIVE BARGAINING? Collective bargaining is a process of negotiating an agreement regarding the terms and conditions of employment through a system of shared responsibility and decision-making between labor and management. WHAT ARE THE BARGAINING? FOUR ESSENTIAL ELEMENTS OF COLLECTIVE Legal. Collective bargaining agreement. is a process of negotiating an of Economic. Moral. It Its contents specify the terms and conditions employment (e.g., salary/wage increase, benefits, etc.). and management. Political. The agreement is a product of a negotiation between labor involves a system of shared responsibility and decisionmaking. WHY IS COLLECTIVE BARGAINING AN IMPORTANT ASPECT OF LABOR-MANAGEMENT RELATIONS? Collective bargaining is important because it promotes the rights and ideals of labor. 1/6 Right to life. Collective bargaining is a means of improving workers’ standard of living through just compensation and humane working conditions. Right to work. It guarantees security of tenure and employees promotion on the basis of seniority. Right to equity. It defines the right and responsibilities of labor and management. Right to participate. It affords participation to labor in running an enterprise through shared decision-making, control, management, and ownership of the means of production. Industrial peace. It includes machinery for settling grievance or labordisputes on employment –related issues. WHO ARE...
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...Grievance Handling Grievance is defined as ‘cause for complaint or annoyance’. Before the machine age, when a handful of workers worked directly for an employer, grievance handling was a one-step procedure : the worker directly approached his boss who gave a decision on the issue. The machine age has introduced a vast echelon of intermediary supervision between the principal employer and the rank-and-file worker. Increase in the number of workers and supervisors in a complicated industrial unit, has led to an increased number of grievances of varying types at different levels. No longer can an employer nonchalantly brush aside the problem of handling grievances as a trivial function. Those who have done so have reaped the whirlwind. A grievance is the embryo of more serious trouble to come, and whether real or imagincary, it is a canker in the organisation and calls for prompt and effective measures. If it is real, the need for curative action is obvious; if it is imaginary, the need to explain and clear up the atmosphere is all the more imperative. Prompt and effective handing of grievances is the key to industrial peace. In our country particularly, where illiteracy is high and people from villagers seek employment in the laien atmosphere of an industrial unit, grievances are many and varied. Operations, procedures and supervisory techniques are not easily understood and lead to grievances. An induction programme coupled with a well understood and sound grievance procedure...
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...Grievance procedure The Freedictionary.com defines grievance as “An actual or supposed circumstance regarded as just cause for complaint” A grievance procedure is a term to describe a formal way of dealing with issues between employer and the employee Employee has problems and is not happy Employee has problems and is not happy The Manager resolves the grievance and communicates the outcome to the employee. Decision is been given The Manager resolves the grievance and communicates the outcome to the employee. Decision is been given Raise a verbal complaint with immediate manager. Raise a verbal complaint with immediate manager. Employee Rep Employee Rep In the event of an employee having a complaint about his immediate supervisor, he or she must approach the next reporting level of his immediate supervisor directly for the purpose of resolving the grievance. UNRESOLVED? The matter will be re-investigated; findings and recommendations shall be discussed with employee The matter will be re-investigated; findings and recommendations shall be discussed with employee With a representative or not, a formal written grievance to supervisor With a representative or not, a formal written grievance to supervisor Worker Commitee Worker Commitee The committee shall in turn elect to invoke the Dispute Procedure outlined in the Recognition and Procedural Agreement. The committee shall in turn...
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...workplace mediation – A poll of business Ref: 08/11 2011 Matt Williams and Acas Research and Evaluation Section TABLE OF CONTENTS EXECUTIVE SUMMARY .................................................................................. 3 1. BACKGROUND AND METHODOLOGY ....................................................... 5 1.1 Background...................................................................................... 5 1.2 Methodology .................................................................................... 6 2. GRIEVANCE AND DISCIPLINARY PROCEDURES AND THE IMPACT OF THE ACAS CODE ............................................................................................ 7 2.1 2.2 Acas Code and guidance .................................................................. 10 2.3 3. Formal grievance and disciplinary procedures........................................ 7 Handling grievance and disciplinary issues .......................................... 21 MEDIATION ......................................................................................... 24 3.1 3.2 Organisations that had used mediation...
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...[pic] LAW529: Employment and Labour Law Take-Home Exam Professor Pnina Alon-Shenker Date: Tuesday, October 28, 2014. Submissions Due: Tuesday, November 11, 2014 by 08:00 am. Students must submit assignments on time. Failure to do so results in a grade of zero. Material Covered: Labour Law (weeks 8-11): Chapters 2-5 (Olivo’s textbook), including lectures, discussions, cases, and PowerPoint slides. Submission Requirements: Students must submit their assignments to Turnitin.com through the course Blackboard site. Students must also deposit a hard copy of their assignment in the instructor’s mailbox on the 7th floor of TRSM building (mailbox room, mailbox #101). Please DO NOT submit your assignment via email. Please DO NOT submit your assignment in class or in the instructor’s office. Please DO NOT submit your assignments in folders, binders or plastic covers. Length: Papers should not be longer than 4 pages (double spaced) excluding a cover page. Format: 8.5” x 11” paper, Times New Roman 12 point font, within minimum 1” margins. Any pages beyond 4 pages will not be read nor considered in marking the assignment. Term Value of this assignment: 25% Assignment Requirements: Please answer the questions in an organized and coherent way. Please use headings and if appropriate sub-headings. Introduction and conclusion are not required. You are not required to use external sources. Please note that collaboration or group work is forbidden. You...
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...Grievance Vijayimpact @ CORD India Grievance According to Michael Jucius, “ A grievance can be any discontent or dissatisfaction, whether expressed or not, whether valid or not, and arising out of anything connected with the company that an employee thinks, believes, or even feels as unfair, unjust, or inequitable.” A grievance means any discontentment or dissatisfaction in an employee arising out of anything related to the enterprise where he is working. It may not be expressed and even may not be valid. It arises when an employee feels that something has happened or is going to happen which is unfair, unjust or inequitable. Thus, a grievance represents a situation in which an employee feels that something unfavorable to him has happened or is going to happen. In an industrial enterprise, an employee may have grievance because of long hours of work, non-fulfillment of terms of service by the management, unfair treatment in promotion, poor working facilities, etc. Nature of Grievance : Grievances are symptoms of conflicts in the enterprise. Just like smoke could mean fire, similarly grievances could lead to serious problem if it is not addressed immediately! So they should be handled very promptly and efficiently. While dealing with grievances of subordinates, it is necessary to keep in mind the following points: A grievance may or may not be real. Grievance may arise out of not one cause but multifarious causes. Every individual does not give expression to his grievances...
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