Unit 7 Collective Bargaining ATTN: Mathguy18

BHR 4350, Collective Bargaining 1

Course Learning Outcomes for Unit VII Upon completion of this unit, students should be able to:

9. Examine progressive disciplinary procedures.

Reading Assignment Chapter 11: Grievance and Disciplinary Procedures

Unit Lesson Now that the contract has been written and agreed upon by all parties, other issues and concerns still arise. While the ultimate goal was to address all possible concerns that could occur, interpretation of the language within the contract can become an issue. While benefits, wages, and job security are all addressed, the organization must also consider how to handle disciplinary issues. Most employees, if not all, have heard the term discipline and grievance. Based on experience, these are terms that are heard and often times used in union and non-union environments. One may wonder why these two simple words are so important among organizations. Why do many human resource (HR) representatives focus so much on how managers handle employee discipline? Why is it important to have disciplinary policies and procedures in place? If an employee is not satisfied with a discipline received, what recourse can the employee take? Should organizations have measures in place to address/handle employee complaints/grievances? How an organization disciplines an employee can have a major impact on the organization. If the employee feels as though he/she was not treated fairly, it can lead to formal complaints being filed and possible lawsuits. Just from this simple sentence, one must be able to see how and why disciplinary and grievance procedures can be considered the core foundation that provides specific and clear structures for dealing with difficulties that are sure to arise within the workplace from the employer’s and employee’s perspective. Disciplinary and grievance procedures are needed to make certain all employees are treated fairly, are provided the same opportunities when dealing with similar circumstances. Each employee should be assured that the issues are handled fairly and within a reasonable timeframe. The procedures also set standards and guidelines to ensure the employers comply with current employment laws. Many organizations will have specific procedures to make certain they are in compliance with current laws. Based on experience, the disciplinary process may be the most vital aspect of the relationship between the union and management, other than the economic benefits of the collective bargaining agreement. The union strives to make certain the employees are given fair chances when disciplinary actions are taken. This is why it is so important for organizations to have a solid plan of action for handling discipline. As with most policies and procedures, it is important for the employee to be aware of the procedure and how it impacts the employee. Discipline is not something any employee wants to face; however, it does happen. Something as simple as a verbal warning can have a negative impact if the employee feels threatened or unfairly accused. Therefore, a few reasons why disciplinary procedures are needed are stated below:

 Inform employees of the expectations of them in terms of standards of performance or conduct.

 Identify the consequences employees may face if they fail to comply with performance standards.

 Provide guidelines for employers to identify obstacles to individuals achieving the required standards and to enable employers to take appropriate action including providing additional training if needed.

 Allow employers and employees the opportunity to discuss attainable goals and set timelines to accomplish goals in efforts to improve an individual's performance or conduct (Performance Improvement Plans—PIPs).

UNIT VII STUDY GUIDE

Impact of Discipline and Grievances

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 Allow in-house resolution without recourse to external dispute resolution processes.

 If the employee deems necessary to file a grievance or seek external sources, the organization can demonstrate that an appropriate process has been followed should an employee complain about the way they've been disciplined, which may have resulted in employee termination.

The measures taken when imparting discipline should be based on the offense and the number of occurrences. If the employee has received discipline for various reasons, then the disciplinary action may be harsher than for someone with a first offense. The nature of the offense may also dictate the type of disciplinary action. Many organizations utilize the progressive discipline system. This is especially the case for minor offenses. Incidents of employee misconduct that are generally considered minor offenses include loafing during work hours, failure to attend meetings, attending to personal business during working hours, failure to keep a time card, minor insubordination, carelessness, and, perhaps most important, poor work performance (Carrell & Heavrin, 2013). Although the labor contract may point out various disciplinary policies, the Bureau of National Affairs suggests management and labor officials use the following policies (Carrell & Heavrin, 2013):

1. explain company rules, 2. get the facts, 3. give adequate warnings, 4. ascertain motive, 5. consider the employee’s past record, 6. discipline without discharge, whenever possible, and 7. act in a timely fashion.

Even with good disciplinary procedures in place, many organizations are still faced with grievances. Regardless of the completeness and clarity of the labor agreement, disputes and disagreements will occur. The grievance process is generally agreed upon and stated within the labor agreement. The grievance process must settle disputes arising during the term of the agreement; if not, strikes, lockouts, or other work disruptions may result (Carrell & Heavrin, 2013). A good definition of grievance, based on our textbook would be: “any formal complaint filed by an employee or union concerning any aspect of the employment relationship. A grievance is generally a perceived violation of a contract provision” (Carrell & Heavrin, 2013). With this, there is a formal process that will be followed called the grievance procedure. The grievance procedure is used to address both contract and policy issues. Functions of grievance procedures include (Carrell & Heavrin, 2013):

1. conflict management resolution, 2. agreement clarification, 3. communication, 4. due process, and 5. strength enhancement (p. 413).

The textbook also shares typical steps within a grievance procedure. It states that the number of steps and the exact process specified varies from contract to contract (Carrell & Heavrin, 2013):

Step 1: Employee, Steward, Supervisor Step 2: Written Grievance Step 3: Shop Steward, Department Head Step 4: Union Grievance Committee, Director of Personnel and Industrial Relations Step 5: Arbitration (p. 409-412)

Many grievances are a result of the employees feeling as though they have been treated unfairly. This is why it is important for the grievance procedure to be seen as a way to ensure a place to work that is as fair as can be by the employee and the employer. Most employees want to know they have a way to issue a formal complaint and to be heard. More often than not, the employee simply wants to opportunity to share concerns and know that they are being heard. When employees feel as though they are being treated fairly, have a voice, and are being heard, it leads to a much more pleasant work environment. Many disputes can be handled in-house if employees are comfortable with the grievance process. The grievance process can be used within a collective bargaining unit or in a company without a union. It is important for HR managers to

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have processes that employees can follow to state their concerns/issues. It can help with the overall morale of the organization if the employees feel they have been heard and get a response to their issues. If the issues cannot be resolved through the grievance procedure, the next step would be arbitration which will be discussed in Unit VIII.

Reference Carrell, M. R. & Heavrin, C. (2013). Labor relations and collective bargaining: Private and public sectors

(10th ed.). Upper Saddle River, NJ: Pearson.