A grievance procedure or process is normally created within the collective bargaining agreement. The grievance procedure outlines the process by which grievances over contract violations will be handled. As you have probably already identified, the grievance procedure is a formalized conflict. Learning how to handle this type of conflict takes self-management skills—or the ability to avoid taking things personally—and relationship management skills. This will be the focus of the next section.
Why Human Relations?
The discussion of labor unions in this chapter applies to many of the human relations skills we have discussed so far—for example, negotiation, handling conflict, teamwork, and communication. Without these important aspects, effective running of unions would not be possible. Because conflicts happen between union and management, the ability to manage the conflict in a positive way (relationship management emotional intelligence skill) can not only help the negotiations but also help you achieve success with a contract everyone is happy with.
While it pertains to all companies, human relations skills become that much more important to those that have a union environment where management and employees must work together. Conflict in these situations can result in major issues on both sides, such as grievances and strikes. Employing effective human relations skills can reduce conflict and raise productivity in a union environment.
The first step is normally an informal conversation with the manager, employee, and possibly a union representative. Many grievances never go further than this step, because often the complaint is a result of a misunderstanding.
If the complaint is unresolved at this point, the union will normally initiate the grievance process by formally expressing it in writing. At this time, HR and management may discuss the grievance with a union representative. If the result is unsatisfactory to both parties, the complaint may be brought to the company’s union grievance committee. This can be in the form of an informal meeting or a more formal hearing.
After discussion, management will then submit a formalized response to the grievance. It may decide to remedy the grievance or may outline why the complaint does not violate the contract. At this point, the process is escalated.
Further discussion will likely occur, and if management and the union cannot come to an agreement, the dispute will normally be brought to a national union officer, who will work with management to try and resolve the issue. A mediator may be called in, who acts as an impartial third party and tries to resolve the issue. Any recommendation made by the mediator is not binding for either of the parties involved. Mediators can work both on grievance processes and collective bargaining issues. For example, when the National Football League (NFL) and its players failed to reach a collective bargaining agreement, they agreed to try mediation.[1] In this case, the agreement to go to mediation was a positive sign after several months of failed negotiations. In the end, the mediation worked, and the NFL players started the 2011–12 season on time.
If no resolution develops, an arbitrator might be asked to review the evidence and make a decision. An arbitrator is an impartial third party who is selected by both parties and who ultimately makes a binding decision in the situation. Thus arbitration is the final aspect of a grievance.
Some examples of grievances might include the following:
- One employee was promoted over another, even though he had seniority.
- An employee doesn’t have the tools needed to perform his or her job, as outlined in the contract.
- An employee was terminated, although the termination violated the rules of the contract.
- An employee was improperly trained on chemical handling in a department.
Most grievances fall within one of four categories. There are individual/personal grievances, in which one member of the union feels he or she has been mistreated. A group grievance occurs if several union members have been mistreated in the same way. A principle grievance deals with basic contract issues surrounding seniority or pay, for example. If an employee or group is not willing to formally file a grievance, the union may file a union or policy grievance on behalf of that individual or group.
The important things to remember about a grievance are that it should not be taken personally and, if used correctly, can be a fair, clear process to solving problems within the organization.