Grievances

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Grievances in Union and Non-Union Organizations


As we move toward leaving the topic of labor relations, there is one additional issue that must be addressed: grievances.

While in unionized departments, the grievance process and procedures are typically addressed in the labor contract, the reality is that virtually all organizations provide employees with a grievance process / procedure (sometimes referred to as a "complaint" procedure). Interestingly enough, while they may vary from one organization to another, they tend to follow a similar format.

While the majority of grievance processes tend to involve three or four steps (depending upon whether or not the informal meeting is included in the step sequence), some are so elaborate as to entail six or more.

What is a grievance?

"In employment law, a grievance is a formal, itemized complaint to management that it has treated one or more employees unfairly or has violated the contract or collective bargaining agreement" (Legal Definitions.com, 2007). Mondy and Noe define a grievance as "an employee's dissatisfaction or feelings of personal injustice relating to his or her employment" (Mondy & Noe, 2005). The same principle essentially applies to volunteers in organizations as well.

Sources of Grievances

So what is likely to provoke the filing of a grievance? Typically grievances are filed when someone feels there was either a violation of the rules, a violation of intent, a non-negotiated change in working conditions, a change in practice, or a violation of health and/or safety standards.

Keep in mind, the phrase "working conditions" covers any number of specific items.

The Need for a Grievance Procedure

Irrespective of how good communication within the organization is, or how poor it is, there is need for a legitimate grievance procedure in volunteer, combination, and career agencies.

The need is present in any organization for a procedure that allows any or all workers to bring concerns to management and to get a fair hearing.

In union situations, the grievance procedure is usually spelled out in contracts. In non-union environments, it may be called a grievance procedure, a complaint procedure, or an employee concern procedure.

The Grievance Procedure

The most common procedure entails three to four steps beginning with the informal meeting and moving through the three more formal steps. In some procedures, the informal meeting is "assumed" and the procedure begins with a formal step.

	The 3-4 Step Grievance Procedure
Informal Grievance, Discussion and Counseling	Typically, the very first step entails an informal meeting between the grieved employee (and perhaps his/her union representative) and his/her supervisor. The grieved employee makes the supervisor aware of his/her concern ( or with the supervisor's supervisor if the immediate supervisor is involved in the grievance). The supervisor and the employee discuss the situation and potentially work out the problem. If resolution is not forthcoming, we then move to the possibility of a formal grievance. Be aware that there are often timelines imposed by the procedure relating to the initiation of the various steps and/ or the resolution at different levels.
The Formal Grievance: First Level	As we move from the informal meeting to the first level of the formal grievance procedure, the grieved worker submits a written grievance to his /her immediate supervisor, usually using a prescribed form. Along with the "grievance," the worker suggests one or more possible remedies. The supervisor responds. Typically, though this phase of step one may be broken out, the two documents – the worker's grievance and the supervisor's response- are forwarded to the second level supervisor (or another designee). The second level supervisor (or other designee) responds, often after personal consultation with the personnel involved. In the response, the person reviewing the two documents, the supervisor addresses the grievance and determines if there is a legitimate grievance and if so, proposes a resolution. The complainant may accept the decision and/or the proposed resolution or take the grievance to the second level in the formal grievance process.
The Formal Grievance: The Second Level	If the grieved employee is not satisfied with the results of the decision and/or with the resolution proposed, the prior grievance (and in most cases, copies of the supervisory responses) are forwarded to senior management and/or to the personnel officer (perhaps, the jurisdictional human resources office). The senior manager and/or the HR designee investigates the grievance, consults with all parties involved with the grievance, and proposes an individually developed or mediated decision and/or remedy.
The Formal Grievance: The Third Level	If the grieved person is still not satisfied with the findings and resolution proposed by the senior manager and/or the HR representative, the complainant proceeds to the third level. The third level entails a review by and decision made by an impartial third party. In some procedures this calls for arbitration. In some, the third step entails alternative dispute resolution.

Supervisory / Managerial Responsibilities in Handling Grievances

It is imperative that first line supervisors and managers at every level of the organization be fully cognizant of the grievance process in place in their organization and of the time lines associated with the various steps.

Do's and Don'ts in Handling Grievances

"The best way to handle a grievance is to develop a work environment in which grievances don't occur in the first place" (Dessler, 2005). The reality is that a truly healthy work environment is one in which there is recognition, diagnosis and resolution of the problems that are the ones most likely to cause employee dissatisfaction before they become grievances (Dessler, 2005).

Dessler cites the Do's and Don'ts in handling grievances compiled by one expert. They are as follows (Dessler, 2005).

Do:

1. Investigate and handle each case as though it may eventually result in arbitration.
2. Talk with the employee about his or her grievance; give the person a full hearing.
3. Require the union to identify specific contractual provisions allegedly violated.
4. Comply with the contractual time limits for handling the grievance.
5. Visit the work area of the grievance.
6. Determine whether there were any witnesses.
7. Examine the grievant's personnel record.
8. Fully examine prior grievance records.
9. Treat the union representative as your equal.
10. Hold your grievance discussions privately.
11. Fully inform your own supervisor of grievance matters.

Don't:

1. Discuss the case with the union steward alone: the grievant should be there.
2. Make arrangements with individual employees that are inconsistent with the labor agreement.
3. Hold back the remedy if the company is wrong.
4. Admit to the binding effect of a past practice.
5. Relinquish to the union your right as a manager.
6. Settle grievances on what is "fair." Instead stick to the labor agreement.
7. Bargain over items not covered by the contract.
8. Treat as subject to arbitration claims demanding the discipline or discharge of managers.
9. Give long written grievance answers.
10. Trade a grievance settlement for a grievance withdrawal.
11. Deny grievance because "your hands have been tied by management."
12. Agree to informal amendments in the contract.

While oriented toward organizations with a collective bargaining agreement, the principles apply to handling grievances in non-union environments as well.

Reading Assignment: Please read Chapter 11, pages 229-236 from the Fire Service Personnel Management textbook by Steven Edwards.

References

Dessler, G. Human Resource Management. 10th Edition. Upper Saddle River: Pearson, 2005.

Legal Definitions.com. (2007). http://www.legaldefinitions.com/grievance.htm?gclid=CLLBmbmIkIgCFQn2PgodfC1C9w

Mondy, W. & Noe, R. Human Resource Management. 9th Edition. Upper Saddle River: Pearson, 2005.

 

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