Mgmt 583
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Mgmt 583. Chapter 14: Contract Administration Fall 2008. Contract Administration. Contract Administration Contains provisions for handling grievances (how disagreements over the contract’s interpretation will be resolved). Establishes procedures for filing a grievance. Time frames

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Mgmt 583

Mgmt 583

Chapter 14: Contract Administration

Fall 2008


Contract administration

Contract Administration

  • Contract Administration

    • Contains provisions for handling grievances (how disagreements over the contract’s interpretation will be resolved).

    • Establishes procedures for filing a grievance.

      • Time frames

      • Points of contact

      • Requirements for formalization


Contract administration1

Contract Administration

  • Contract Administration

    • May establish procedures for taking issues to rights arbitration.

      • Which issues may be grieved.

      • Limitations on the arbitrator’s powers.

      • Who pays for the arbitration.


Grievances

Grievances

  • Grievance - any violation of the the collective bargaining agreement.

    • Interpretation of the CBA.

    • Unilateral modification of the CBA.

    • Refusal to abide by its provisions


Grievances1

Grievances

  • Sources of Grievances

    • Discipline18%

    • Pay17%

    • Working Conditions16%

    • Job Assignments16%


Typical grievance process

Typical Grievance Process

First Step

Employee

Through the

Shop Steward

Discuss Grievance

Supervisor

Resolved

Unresolved

Reduced to writing

and answered by

Mgmt in 5 days

Appeal in 5 days of Receipt


Typical grievance process1

Typical Grievance Process

Second Step

Union

Grievance

Committee

Discuss Grievance

IR Rep.

Resolved

Unresolved

Management

answers in

5 days

Appeal in 5 days of Receipt


Typical grievance process2

Typical Grievance Process

Third Step

Plant

Manager

Union

Grievance

Committee

Discuss Grievance

Resolved

Unresolved

Management

answers in

10 days

Appeal within 30 days of Receipt


Typical grievance process3

Typical Grievance Process

Fourth Step

Rights Arbitration

Final & Binding Decision


Grievances2

Grievances

  • Three Methods of Resolving Grievances:

    • Arbitration

    • Strikes

    • Mediation


Grievances3

Grievances

  • Unions duty to fair representation on grievances.

    • Miranda Fuel Co. (51 LRRM 1584 (1962)) the employee’s right to engage in collective bargaining includes the right to be represented by the exclusive bargaining representative.

    • The union must represent all members of the BU fairly.


Grievances4

Grievances

  • Unions duty to fair representation on grievances.

    • Ford Motor Co. v. Huffman (345 U.S. 330 (1953)) the union is obligated to process all meritorious grievances without discrimination or else it violates §§ 8 (b)(1)(A) and 8(b)(2).

      • If the facts are clear and show a breach of the CBA, the union cannot ignore the member’s rights.


Grievances5

Grievances

  • Unions duty to fair representation on grievances.

    • If the facts are unclear the union has a wide range of reasonableness in resolving the ambiguity.

    • In performing the mechanical functions of processing the grievance, the union is held to a standard of at least ordinary care.


Rights arbitration

Rights Arbitration

  • History

    • Executive Order 9017 provided for rights arbitration during WWII.

      • Purpose was to reduce interruptions in war time production.

      • Without arbitration, only mediation, strikes, and lockouts could resolve grievances.

    • Textile Workers Union v. Lincoln Mills (353 U.S. 448 (1957)) Supreme Court rules that arbitration awards are enforceable.


Rights arbitration1

Rights Arbitration

  • Arbitration - a quasi-judicial process in which parties agree to submit an unresolved dispute to neutral third-party binding settlement.

    • Rights Arbitration - arises over interpretation of the CBA’s meaning or entitlement to its provisions (post CBA ratification).

    • Interest Arbitration - during CBA negotiations.


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