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MANAGING THE
GRIEVANCE PROCESS


By
Mahendra Srivastava


v0806
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Agenda




Introduction and Objectives

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Objectives
At the completion of this workshop you will have gained
an understanding of:
The Purpose of the Grievance Procedure
How to Prevent a Grievance
Grievance Timelines
Benefits of Early Settlement
Steps in the Grievance Process
Preparing for a Grievance
Conducting the Grievance Meeting
Preparing the Grievance Response
Preparing for the Grievance Meeting with
Employee/Labor Relations



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Purpose of the Grievance Procedure
Allow union members to appeal decisions and resolve problems
Allow employees to voice concerns regarding:
Interpretation of Agreement
Application of Agreement
Compliance with Agreement
Corrective Action
Past Practice
Mutuality (known by both parties)
Consistency
Bridge Effect (more than one contract)
The contract is silent (practice cannot contradict contract)
Keep lines of communication open


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How to Prevent a Grievance
Identify potential causes
Correct problems promptly
Encourage corrective suggestions
Establish and reaffirm policies and work rules
Communicate and give advance notice of changes
Keep employees informed of their progress
Be objective
Learn to listen
Be consistent


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If you Receive an Employee
Grievance

First and foremost
Dont panic!
Hold your temper!
Take charge!
Consider the possibility of early settlement



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Grievance Timelines
Refer to the appropriate union contract article/section
titled Grievance Procedure for the applicable time
limits for receiving and responding to grievances.

Also note:
Any grievance not answered within the time limits
specified shall be submitted to the next step (Union).

Any grievance not appealed to the next succeeding
step in writing within the time limits specified will be
considered withdrawn and not eligible for further
appeal (Management).

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Benefits of Early Settlement
At any point during the grievance process, the parties
can agree to an early settlement. The benefits
include:
Quick resolution
Employee frustration avoided
Supervisor/Steward credibility
Union/University credibility
Respect of employees gained
Prolonged conflict avoided
Local control maintained

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Steps in the Grievance Process
The number of steps in the grievance process
differ according to the union involved, but
each contain the following:
Oral Grievance
Written Grievance
Grievance Advanced to Employee/Labor
Relations
Arbitration



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Steps in the Grievance Process
ORAL GRIEVANCE:

Employee presents oral grievance to
immediate supervisor within timeframe
specified in Agreement.
Employee may request presence of union
steward during discussion.
Supervisor provides written response to the
oral grievance within timeframe specified in
Agreement.
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Steps in the Grievance Process
WRITTEN GRIEVANCE:

If the oral grievance is not satisfactorily adjusted:
The area steward can submit the grievance in writing to the
department head (or designated representative) on a standard
grievance form signed by the employee.
The grievance must be submitted in writing within the timeframe
specified in the Agreement.
The department will arrange a grievance meeting between the
department head (or designated representative) and the
grievant, the steward, and/or Business Agent of the union.
The Department shall submit a written response to the
grievance within timeframe specified in Agreement.
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Steps in the Grievance
Process

GRIEVANCE ADVANCED TO EMPLOYEE/LABOR RELATIONS:

If the matter is not satisfactorily adjusted in the previous (written)
step, or an answer is not given within the time specified:
The written grievance previously submitted shall be forwarded to
Employee/Labor Relations within the timeframe specified in the
Agreement.
Employee/Labor Relations will arrange a grievance hearing
meeting with the union staff representative, the aggrieved
employee and management.
Employee/Labor Relations will arrange a meeting prior to the
actual grievance hearing for the purpose of preparation
(management).
Employee/Labor Relations shall reply to the grievance within the
timeframe specified in the Agreement.

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Preparing for a Grievance
Investigate the complaint and organize the case
before the meeting by determining the following:
Who is involved?
Where did the situation occur?
When did the incident occur?
Why did the situation occur?
What are the circumstances?
What was the impact to the operation/business as a
result of the situation/incident?
What remedy is the grievant seeking?

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Conducting the Grievance Meeting
Discuss the matter rationally:
Review the grievance with the grievant and
the representative.
Do not bargain with the grievant or the
steward.
Be certain that you have all of the information
you need before responding.
Do not respond to a demand for an instant
answer. A possible exception is a matter of
health and/or safety.

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Preparing the Grievance Response

Adhere to the timeline for your response.
Provide an answer that is concise and
complete. Brevity is important. If you need
help in providing an answer, obtain assistance
from Employee/Labor Relations.
Obtain acknowledgement of receipt of your
answer from the grievant/steward, including
time and date.
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Preparing for Grievance Meeting with
Employee/Labor Relations
Employee/Labor Relations will facilitate the process at
this step. The process includes:
Schedule prep meeting with the
department/management before the date of
grievance meeting.
Serve as hearing officer.
Determine who should be involved in the meeting,
including identifying any witnesses.
Determine what information must be captured on
record.
Discuss the format of the grievance meeting.
Provide written response.

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Arbitration
If the matter is not satisfactorily adjusted in the
previous step (Employee/Labor Relations), or
an answer is not given within the time
specified, the union may, by written notice,
request the grievance be advanced to an
arbitrator.

Arbitration is a method of settling disputes
through an impartial third party whose
decision is final and binding.


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Arbitration
Preparing for the Arbitration Hearing:
Once an Arbitration hearing date has been
determined, the department will meet with
Employee/Labor Relations and the
Universitys legal representative to fully prep
for the hearing.
The Universitys legal representatives lead
the Arbitration process.
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Arbitration
The Arbitration Hearing:
The Union presents their case first if it is a
non-disciplinary matter. Otherwise, the
Employer goes first.
The burden of proof is on the Union for all
issues except discipline. Otherwise, the
burden is on the Employer.
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Arbitration
Arbitration as a last resort:
A quasi-judicial process
Gives arbitrator power to issue a
decision/award which may result in:
a win-lose situation
an Arbitrator-crafted decision
Parties lose control of dispute resolution
Costly
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Question & Answer Session