Grievance and Discipline

Grievance
Any perceived violation of a contract provision Any dissatisfaction or feeling of injustice in connection with ones employee situation brought to the notice of the Manager Discontent which is expressed or not expressed where traces of unfair and unjust feeling Not just any gripe Imaginary - Factual - Disguised when ignored Contractual - Non Contractual

Why Grievance procedure

The best labor/management relationship should allow for the informal resolution of most grievance issues To assure prompt and equitable solutions to problems or complaints arising from administration of the contract, or other conditions of employment

 Conflict management resolution Without grievance procedures, parties would rely on harmful tests of economic strength to resolve disputes involving contract interpretation Agreement clarification All contracts contain some unintentional ambiguity Grievance procedure used to interpret contract in specific instances Communication Offers channel to express problems and perceptions 4 Discuss perceived inequities in the workplace

Functions of Grievance Procedures

Contractual
A claimed breach, misinterpretation or improper application of the terms of the collective bargaining agreement (contract).
Any perceived violation of a contract provision Not just any gripe

Non Contractual
A claimed violation, misinterpretation or misapplication of rules or regulations, existing policies, administrative decisions, or laws affecting the terms and conditions of employment.

Sources of Employee Grievances

Clarifying contract provisions under changing conditions
Unforeseen circumstances may change some operations Disagreement may arise on the contract provisions relevant to the new operation

Support for future negotiations

Union members may be encouraged to file grievances on specific matters that may be used as evidence for the need to change the contract
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Sources of Employee Grievances

Rectifying a contract violation
Contract cannot address all possible circumstances
Contract can specify how debatable issues should be resolved

Most common source of grievance is the unions honest belief that management has violated a provision of the existing contract

Sources
Compensation Incentives Promotions Job Classifications Lay offs Materials..

Check Sources
The following subjects cannot be grieved
Title work Position classification Layoff and recall rights Merit System examination Removal at completion of working test period

Also, a claim of improper and/or unjust discipline must be processed only through the disciplinary appeal procedures

Sources of Employee Grievances

Show of power Union officials may need to remind members that they represent employee interests Filing a grievance acts as a safety valve to employees than more harmful ways Increased pay Many grievances stem from employees beliefs that they are entitled to additional pay Management, on the other hand, believes that additional pay is not required
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Who can file??

An individual employee A group of employees The Union Contractual grievances can only be processed with union representation. Non contractual grievances can be processed without union representation

Procedure
Informal discussion with supervisor Step One local level Step Two department level Step Three arbitration

Grievance procedure:
A specified series of four or five procedural steps that aggrieved employees, unions, and management representatives must follow when a complaint arises Mechanism for administering the collective bargaining agreement Most grievance procedures entail four or five steps Employers refusal to process a grievance may be a violation

Steps in a Grievance Procedure

Step 1 Employee, Supervisor

Informal Resolution
What happened? When did it happen? Who was involved? Where did it happen? Why is complaint a grievance? Step 3

Step 2 Written Grievance

Formal Resolution
Department Head

Step 4 Union Grievance Committee, HR

Formal Resolution
Step 5 Final and Binding Arbitration Before Neutral Arbitrator

Arbitrators
Must confine decision to the interpretation of the contract. Cannot modify the contract or any law or policy. Decision is final and binding May award back pay - May not award a monetary penalty.

Time
Lack of response by employer within time limits may be considered a negative response. All time limits may be changed upon mutual agreement. If at any step, Union doesn't appeal within time limits, the employer can consider the grievance closed.

Representative
When a member brings an issue to your attention investigate the all of the accurate and pertinent facts. Members may withhold information in an effort to make their case. Dont jump off the handle and start burning your management bridges before you check Misinformed representative that will have egg on his face!

Misconduct
Improper behavior, intentional wrong doing, deliberate violation of rules a An act which is inconsistent with the fulfillment of the expressed and implied conditions of service Difficult employees 4 types
Ineffective employees Alcoholic and drug abusers $200 billion Theft, fraud and other illegal activities Rule violators

Disobedience Theft, fraud, dishonesty Damage to property Riotous behavior at work and negligence Repetition of omissions Striking at work , inciting others

Employee Misconduct
A broad spectrum of offenses
Serious offenses - warrant immediate discharge under normal circumstances without the necessity of prior warnings or attempts at corrective action Minor offenses - utilize corrective action
Do not discharge after first offense, provide multiple levels Specify escalating penalties for additional offenses

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Behavior
Unusual Behavior
Work force bullying Expenditure - lavish Dress sense Jokes

Inappropriate dress
Tattoos , certain clothes

Off the Job behaviors Theft

Electronic communication Develop policy Communicate Obtain signed permission Monitor for business purpose Enforce thru discipline

Employee Misconduct
Dishonesty Damaging Property Fighting/ Violence Gambling

Off-duty misconduct

Most Common Examples

Garnishment

Dress / Grooming & Discourtesy Moonlighting Horseplay

Sleeping or loafing on the job

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Natural Justice
Right of the individual to know the case against him to confront the accuser The right of the individual to respond and present his view Right to represent at each stage thru union Right to appeal against the outcome in each stage

Positive Discipline
A technique that attempts to reinforce the good work behaviors of an employee, while simultaneously emphasizing to the employee the problems created by undesirable performance.

Positive approach
To correct constructively without imposing penalty Fact fining, encourage desirables and discourage undesirable beahviors to improve
Counseling-R ules and policies with feedback
State the problem State the preferred action State future expectations Describe disciplinary action

Written document- Evidence written Final warning Emphasize correction- day off with pay to correct action plan Discharge- If employee does not adhere to action plan discharge

Progressive
Verbal caution - Nature & seriousness discuss Written reprimand - Seek explanation Suspension - 3 times offense Discharge - Dismissal Termiation considerations: Emails, abuses, policies, harassment, others Separation agreement - Agreement not to sue the employer

Employee Misconduct
Arbitrators decide employee misconduct cases on the basis of:
Managements consistent enforcement of the pertinent rules Managements compliance with the contracts disciplinary procedures The employees work history An employees length of service with the company

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Employer Misconduct (cont.)

Minor offenses
Penalty for minor offenses determined by how often it has occurred Progressive discipline for minor offenses
First offense - oral warning Second offense - written warning Third offense - second written warning and suspension without pay Fourth offense - termination

Incident removed from the employees record if it is not repeated for a certain period of time
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Employee Misconduct (cont.)

Serious (Major) offenses:
Certain actions can lead to immediate discharge for the first offense:
Discharge must be for just cause Serious offenses are usually identified in the contract Arbitrators expect both parties to carefully adhere to the letter and spirit of the contract.

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Disciplinary Procedures
Explain company rules Get the facts

Discipline without discharge

Consider employees past record

Recommended disciplinary policies Give adequate warning

Act timely

Ascertain motive

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Basics of discipline
* Do your homework * Provide ample warning * Act in a timely manner

* Conduct discipline in private

* Be calm and serious

Basics of discipline
Seriousness of the problem Duration of the problem Frequency and nature of the problem. Employees work history Extenuating circumstances Degree of warning

History of the organizations

disciplinary practices.
Implications for other

employees.

Upper management support

Basics of discipline
Be specific about the problem
Keep it impersonal Get the employees side

Keep control of the discussion

Agree on how mistakes can beprevented next time.

Hot stove Rule

A set of principles that can guide an individual in effectively disciplining an employee by demonstrating the analogy between touching a hot stove and administering discipline. Painful Immediate Impartial Consistent