The Arbitration Case Study of Jesse Stansky

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Chapter 14: The Dynamics of Labor Relations: 14.4a Negotiated Grievance Procedures Book Title: Managing Human Resources Printed By: Cedric Turner ([email protected]) © 2016 Cengage Learning, Cengage Learning

14.4a Negotiated Grievance Procedures

The grievance procedure (A formal procedure that provides for the union to represent members and nonmembers in processing a grievance) typically provides for the union to represent the interests of its members (and nonmembers as well) in processing a grievance. It is considered by some authorities to be the heart of the bargaining agreement, or the safety valve that gives flexibility to the whole system of collective bargaining.

The grievance procedure is normally initiated by the union—or an individual employee— when it feels management has violated some article of the labor agreement. In one case, the union filed a grievance against a supervisor when it believed the supervisor promoted an employee out of seniority order—called a bypass grievance. A significant benefit of the grievance procedure is that it provides a formal and orderly procedure for the union to challenge the actions of management without resort to force. One authority has noted, “The grievance procedure fosters cooperation, not conflict, between the employer and the union.”

The operation of a grievance procedure is unique to each individual collective bargaining relationship, although there are common elements among systems. For example, grievance procedures normally specify how the grievance is to be initiated, the number and timing of steps that are to compose the procedure, and the identity of representatives from each side who are to be involved in the hearings at each step. (See Figure 14.4.) When a grievance cannot be resolved at one of the specified steps, most agreements provide for the grievance to be submitted to a third party—usually an arbitrator—whose decision is final. Some labor agreements provide for mediation as a way to resolve employee grievances. When used, grievance mediation will be listed as a formal step in the grievance procedure preceding arbitration.

Figure 14.4

Five-Step Grievance Procedure

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Chapter 14: The Dynamics of Labor Relations: 14.4a Negotiated Grievance Procedures Book Title: Managing Human Resources Printed By: Cedric Turner ([email protected]) © 2016 Cengage Learning, Cengage Learning

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