Grievance Procedure

1. Grievance Procedure

2. Definition and Causes A grievance is a charge by an employee that hi/her rights have been violated by management’s actions or decisions. May result from an action, behaviour, omission, situation or decision which is considered to be unfair, unjustified or a violation of personal rights. Salamon: main causes may result from the nature of work and working conditions; differences of interest, goals and means; personality conflicts and personal problems.

3. Procedure • Within the department: employee raises grievance with immediate supervisor. Departmental manager has opportunity to check and correct, if necessary, own decisions and those of subordinate line supervisor. • Outside department but still within the organization: If unsettled, the matter taken to next level of management or most senior ranks, if the need arises. Employee may be accompanied by union delegate. Management has opportunity to assess any implications for other parts of the organization or future effects. • External to the organization: unresolved dispute can be subjected to ‘third party’ intervention to make a judgment on whether management’s decision fair and in accordance with the collective agreement.

4. Nature of Procedure • Often specify a time period within which management must respond • Presented in written form • Formal written record ought to be kept of any meetings/ discussions

5. Importance in Collective Agreement Salamon notes four ways: • Procedure may be used by employees/union to ensure management complies with terms of collective agreement • Unions/employees have opportunity to discuss terms of agreement if in process of joint regulations these arises need for re-negotiation. • The process may be used to reach agreement on issues not covered by existing agreement • The collective bargaining system may require that the grievance may be subjected to external examination.

6. Third Party Intervention The need for ‘third party’ intervention arises where the parties to a negotiation fail to reach a resolution on their own. Salamon: conciliation and arbitration are means of intervening into the negotiating process in order to assist the two parties to resolve a dispute. While conciliation is a means to assist the continuation of negotiation, arbitration involves the imposition of a binding award. N.B. The intervention may be initiated by the parties, unilaterally or jointly or by the state through it approved agency.

7. Conciliation • The ‘third party’ supports the process between the two parties in helping to identify the cause and extent of differences • Finds alternative solutions and explore their implications • Develops and agree a settlement acceptable to both sides The conciliator acts as a medium for the duration of the discussion. It is management’s and the union’s joint responsibility to reach a solution, each can pull out at any time

8. Arbitration The direct negotiation between management and union is replaced with a process of adjudication. This involves a ‘third party’ making a making a decision between the two conflicting positions. The arbitrator’s decision determines the settlement. When both parties agree to arbitration they lose control of events. Whatever the award each side has to accept it.

9. Nature of conciliation and arbitration Approaches to handling disputes: Voluntary, the term implies that management and union have complete control over the temporary or permanent arrangements for resolving any impasse that may arise during their negotiations. Compulsory, the term implies a removal of management’s and union’s freedom to decide the nature of the negotiating process, and involves the imposition, through legislation for conciliation and/or arbitration. Any system of conciliation or arbitration may contain elements of both approaches.