labor relations class exam via blackboard
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chapter6.pptxGrievance procedure
Grievance – official complaint
Grievance Process – resolution process
Procedural
Precedent Setting
Now that the contract is signed, must be continually interpreted and applied.
Grievance is an official complaint alleging that the contract has been violated.
Grievances can be files on behalf of union as a whole or a single or group of union members
GP in place to help resolve controversy over interpretation of contract – avoids striking over every issue.
Very specific rules and requirements, provides due process
-usually 3 steps, 1) Supv, 2) Plant Mgr, 3) Committee
-times limits for each step and responses
Results are precedent setting unless otherwise stated
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arbitration
Arbitration – judicial process
Arbitrator – impartial outsider
Precedent Setting
Not used in bargaining
Arbitration specifics in contract – usually “final and binding” (99%)
Arbitrator is an impartial outsider selected by both parties to decide on the issue.
Decisions not usually high dollar amounts, but important because they set a precedent.
Arbitration is rarely used for bargaining – neither side wants a 3rd party to have binding control over contract terms.
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Pro-Arbitration Legislation
Lincoln Mills
Trilogy Cases
Collyer Insulated Wire
Misco
Gilmer v. Interstate Johnson Lane Corp
Eastern Associated Coal and the United Mine Workers
LM-Sup Ct ruled that an employer could not refuse to arbitrate unresolved grievances if contract has agreement to arbitrate.
Trilogy Cases:
Warrior & Gulf Navigation – if no specific agreement excluding arbitration the Sup. Ct. would direct parties to arbitrate.
American Mfg – Court cannot determine the merits of a case (co. asked to not be forced to arbitrate as they thought grievance was frivolous.
Enterprise Wheel and Car Corp-lower court reversed arbitrators decision as not sound under labor agreement, Sup Ct. reversed
Collyer-NLRB deferred some cases to arbitration even though they contained some elements of ULPs
Misco-unless fraud or arbitrator Dishonesty, courts cannot reconsider the merits of the award.
Gilmer-ADEA claims must be arbitrated if agreement calls for arbitration.
EAC-When both parties agree to resolve disputes through arbitration, they gran to arbitrator the authority to interpret the meaning of the contract language, including “just cause”.
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Some Legislation Weakens Arbitration Agreements
Gardner-Denver
Anchor Motor Freight
FLSA decision
McDonald v. City of West Branch, MI
Gardner-Supreme Court ruled arbitrator’s decision not final and binding when Title VII of CRA 1064 involved.
Anchor-a decision can be reversed by a federal court when the union doesn’t provide fair representation to employees (its members).
FLSA decision – Supreme Court rules that decisions involving rights under FLSA can be reviewed and reversed, implying that arbitration decisions are not final and binding when the issue falls within any labor law.
McDonald-1st Amendment Rights and freedom of speech – Supreme Court said arbitration is well suited to resolving contract disputes, but not an adequate substitute when federal statutory and constitutional rights are involved.
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Preparing for arbitration
Selection Process
Permanent Arbitrator
Ad Hoc Arbitrator
Permanent Panel
Mini (Expedited) Arbitration
Preparation Activities
Select from list of names, usually at FMCS or AAA, some states have arbitration panels.
Permanent-decides all disputes during term of contract – more arbitrations because easy.
Ad Hoc – different arbitrator for each case. Drawbacks:
Takes time and effort to select arbitrator (average 250 days from request arbitration panel to award)
Expensive
Opinion could disregard clear contract language and rewrite agreement.
Confusing opinions lead to further issues.
Opinion doesn’t reflect the reward
No recourse if not fair and impartial or doesn’t deal with major arguments, or ignores material evidence.
Arbitrators not bound by decisions of other arbitrators.
Mini-tight time deadlines, no transcripts or briefs, short and precise awards – lowers costs, can transfer to regular arbitration if issue is complex.
Preparing for Arbitration – gather evidence, facts, documents – must educate arbitrator about issues, facts, evidence, arguments and relevant clauses in contract.
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Arbitrator responsibilities
Follow Code of Ethics
Bound by language of agreement
Fair, incorruptible and unbiased
Knowledgeable
Responsible for proceedings
Prompt and clear award
-Must adhere to strict Code of Ethics
-Bound by language of labor agreement – not in arbitrators scope to determine whether a particular clause is good or bad, must apply as is.
Usually not clear cut language (or wouldn’t need to arbitrate)
Look at past practice, how language has been applied in the past.
-Fair – decision based on evidence and language, free from bias
-Educated in arbitration and have knowledge of labor relations.
-Responsible to keep decorum during hearings and to keep proceedings moving, keep control
-Keep witnesses from being badgered or insulted
-Issue a prompt decision (usually within 30 days of hearing)
Awards should be clear and to the point, leave no questions.
-Include clear and specific direct action required and time frame to comply
-Should write opinion to support decision-set forth basic issues of case, facts, positions and arguments of both sides, and reason for decision.
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Grievance mediation
Relatively new
Informal
Quick
Non-binding
Uses experiences arbitrators, but 1st tries to help parties reach a mutually satisfactory settlement.
Focus on the problem rather than the contract.
Information, no cross examination, no briefs, no record of proceedings.
Handled in hours.
If no settlement is reached the arbitrator gives an opinion (advisory only) as to how the case could have been decided if this was an arbitration.
If this case goes to arbitration the arbitrator who sat in on the mediation cannot serve as arbitrator, and nothing said in this process can be used in arbitration.
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