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Grievance Handling Grievance and Discipline: A Presentation by Atul Chanodkar

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Grievance Handling

Grievance and Discipline

A Presentation by Atul Chanodkar


Grievance
The policy on grievances could state that employees have the right to raise
their grievances with their manager, to be accompanied by a representative if
they so wish, and to appeal to a higher level if they feel that their grievance
has not been resolved satisfactorily. The policy should be supported by a
grievance procedure

A grievance procedure spells out the policy on handling grievances and the
approach to dealing with them.
Grievance Procedure
A grievance is a complaint formally stated in writing.
A grievance procedure spells out the policy on handling grievances and the
approach to dealing with them.

Management should be concerned with both complaints and grievances,


because both indicate potential problems within the workforce. Without a
grievance procedure, management may be unable to respond to employee
concerns because managers are unaware of them. Therefore, a formal
grievance procedure provides a valuable communication tool for organizations,
whether a union is present or not.
Grievance Procedure
An example of a grievance procedure is given below:

Policy
It is the policy of the company that employees should:
 be given a fair hearing by their immediate supervisor or manager
concerning any grievances they may wish to raise;
 have the right to appeal to a more senior manager against a decision made
by their immediate supervisor or manager;
 have the right to be accompanied by a fellow employee of their own choice
when raising a grievance or appealing against a decision.

The aim of the procedure is to settle the grievance as near as possible to its
point of origin.
Grievance Procedures
Grievance procedures are formal channels of communication designed to resolve
grievances as soon as possible after problems arise. First-line supervisors are
usually closest to a problem. However, these supervisors are concerned with
many other matters besides one employee’s grievance, and may even be the
subject of an employee’s grievance. To receive the appropriate attention,
grievances go through a specific process for resolution.

Steps in Grievance Procedure


 The employee raises the matter with his or her immediate team leader or
manager and may be accompanied by a fellow employee of his or her own
choice.
 If the employee is not satisfied with the decision, the employee requests a
meeting with a member of management who is more senior than the team
leader or manager who initially heard the grievance. This meeting takes place
within five working days (or as specified by law) of the request and is attended
by the manager, the HR Manager or business partner, the employee appealing
against the decision, and, if desired, his or her representative. The HR Manager
records the results of the meeting in writing and issues copies to all concerned.
Grievance Procedures
 If the employee is still not satisfied with the decision, he or she may appeal to
the appropriate director. The meeting to hear this appeal is held within fi ve
working days of the request and is attended by the director, the head of HR,
the employee making the appeal, and, if desired, his or her representative. The
manager responsible for HR records the result of this meeting in writing and
issues copies to all concerned.
A Typical Grievance Procedure
Sources of Grievance
From a practical point of view, it is probably easier to list those items that don’t
precipitate grievances than to list the ones that do. Employees may use just
about any factor involving wages, hours, or conditions of employment as the basis
of a grievance.
However, certain grievances are more serious, since they re usually more difficult
to settle. Discipline cases and seniority problems including promotions, transfers,
and layoffs would top this list. Others would include grievances growing out of job
evaluations and work assignments, overtime, vacations, incentive plans, and
holidays.
A grievance is often a symptom of an underlying problem. Sometimes, bad
relationships between supervisors and subordinates are to blame: This is often
the cause of grievances over fair treatment, for instance. Organizational factors
such as ambiguous job descriptions that frustrate employees also cause
grievances. Union activism is another cause; the union may solicit grievances
from workers to underscore ineffective supervision. Problem employees are yet
another underlying cause of grievances. These are individuals, who, by their
nature, are negative, dissatisfied, and prone to complaints.
Guidelines for Handling Grievance
The best way for a supervisor to handle a grievance is to develop a work
environment in which grievances don t arise in the first place. Hone your ability
to avoid, recognize, diagnose, and correct the causes of potential employee
dissatisfaction (such as unfair appraisals or poor communications) before they
become grievances.

Given that many factors including union pressures prompt grievances, it would
be naïve to think that grievances arise only due to supervisor unfairness.
However, there s little doubt that the quality of the interpersonal relations among
you and your subordinates will influence your teams grievance rate.
Guidelines for Handling Grievance
Do:
1. Investigate and handle each case as though it may eventually result in
arbitration.
2. Talk with the employee about his or her grievance; give the person a full
hearing.
3. Require the union to identify specific contractual provisions allegedly violated.
4. Comply with the contractual time limits for handling the grievance.
5. Visit the work area of the grievance.
6. Determine whether there were any witnesses.
7. Examine the grievant s personnel record.
8. Fully examine prior grievance records.
9. Treat the union representative as your equal.
10.Hold your grievance discussions privately.
11.Fully inform your own supervisor of grievance matters.
Guidelines for Handling Grievance
Don’t:
1. Discuss the case with the union steward alone - the grievant should be there.
2. Make arrangements with individual employees that are inconsistent with the
labor agreement.
3. Hold back the remedy if the company is wrong.
4. Admit to the binding effect of a past practice.
5. Relinquish to the union your rights as a manager.
6. Settle grievances based on what is fair. Instead, stick to the labor agreement.
7. Bargain over items not covered by the contract.
8. Treat as subject to arbitration claims demanding the discipline or discharge of
managers.
9. Give long written grievance answers.
10.Trade a grievance settlement for a grievance withdrawal.
11.Deny grievances because your hands have been tied by management.
12.Agree to informal amendments in the contract.
Grievance Handling
Grievance and Discipline

A Presentation by Atul Chanodkar

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