...of the Grievance and Arbitration Process The Grievance and Arbitration Process BUS405 Labor Relations July 20, 2010 The Grievance and Arbitration Process There has always been a need for conflict resolution on the job. The grievance and arbitration process is one way for employees to be heard when conflict on the job arises. The grievance and arbitration process is also a way for employees to obtain some type of satisfaction at the end of the grievance process. Having representation by the union often guarantees an employee a fair, just, and timely grievance process. However, not all employees feel that way when they are not a represented the union. The grievance process can mean different things to each individual employee and usually no two complaints are normally about the same type of issue. “There are two possible approaches to defining a grievance: therapeutic and legalistic” (Holley, Jennings, & Wolters, 2008, p.421). A grievance is a complaint and more than likely some type of violation of an employee's rights on the job. Grievances almost always are due to work related issues. Similar a right that is usually, but not always defined by an employment or some other type of contract. According to Holley et al., (2008), “a grievance is clearly defined as an employee’s or employer’s alleged violation of the labor agreement that is submitted to the grievance procedure for resolution by the employee” (p. 420). Despite the definition of a grievance, employees...
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...Describe the advantages and disadvantages of grievance mediation. Grievance mediation is “the use of a neutral third party as one step in a grievance procedure,” (Carrell & Heavrin, 2010, p. 496, para 1). Some of the advantages of grievance mediation are cost savings, time savings, both parties can identify their case without worrying about the decision being final, being able to resolve issues, cost settlement can be avoided. Neither party will have to incur the charges that they would have to pay in arbitration. Time will be saved with mediation. Mediation typically takes 44 days while arbitration takes around 473 days. If the parties do not come to an agreement both sides can evaluate the weaknesses and strengths of the information they provided. “65 percent indicated the use of interest-based grievance mediation had led to a better union-management relationship,” (Carrell & Heavrin, 2010, p. 497, para 1). Some of the disadvantages of grievance mediation is the fact that if there is no agreement reached in that time and the two parties have to go to arbitration they will have wasted time and money. The mediator does not have the authority to make binding decisions. Grievance mediation is an alternative dispute resolution that can be used but does not mean the decisions made during this time are binding so if both parties do not agree they can seek to go to arbitration. There are advantages and disadvantages to grievance mediation; one just has to decide which one...
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...Scholarship Repository University of Minnesota Law School Articles Faculty Scholarship 1988 Discovery in Labor Arbitration Laura J. Cooper University of Minnesota Law School, lcooper@umn.edu Follow this and additional works at: http://scholarship.law.umn.edu/faculty_articles Part of the Law Commons Recommended Citation Laura J. Cooper, Discovery in Labor Arbitration, 72 Minn. L. Rev. 1281 (1988), available at http://scholarship.law.umn.edu/ faculty_articles/307. This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in the Faculty Scholarship collection by an authorized administrator of the Scholarship Repository. For more information, please contact lenzx009@umn.edu. Discovery in Labor Arbitration Laura J.Cooper* The mere statement of the topic, discovery in labor arbitration, suggests a paradox. Is not the essence of the arbitration process an effort to avoid the procedural complexities that make litigation comparatively slow and costly? More than forty years ago, Learned Hand admonished a litigant distressed with the procedural failings of an arbitration proceeding: Arbitration may or may not be a desirable substitute for trials in courts; as to that the parties must decide in each instance. But when they have adopted it, they must be content with its informalities; they may not hedge it about with those procedural limitations which it is precisely its purpose...
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...Grievance Process: Introduction: A grievance is a claim that the employee feels that the employer has violated an express provision of this agreement. No employee will be discriminated against or in any manner disciplined because of this filing a grievance pursuant to any provision within this agreement. An employee covered under this agreement may discuss any provision in this contract agreement with this or her supervisor without invoking the formal grievance procedure. Any facts not represented by the Union, Employer, or the grieving during the grievance process may not be presented or relied upon by any parties in any grievance or arbitration meetings and or hearings. 1. All grievances must be submitted in writing, the grievance must state all of the sections of this agreement that the employer has violated the grievant feels has been voiolated. 2. The grievance must be filed with the employer within one (1) working day (24 hours), holidays excepted, after the aggrieved employee or any shop steward knew, or should have know, the facts which gave rise to the grievance. The grievance will be submitted employee's immediate supervisor, or, if he or she is not available, the employer's personal department. 3. Within the same working day after filing of the grievance, the grievance shall be discussed between the aggrieved employee, the shop steward, if the aggrieved employee...
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...Readjustment Appointment Program. CPAC also functions as the Human Resource Department for the Fort Hood Community that provides a Labor Relations Office to look out for the well-being of the federal employees as well as the Bargaining Unit Employees in utilizing the best approach in resolving labor disputes and labor conflicts while working closely with the union. Most federal employees are represented by the American Federation of Government Employees, Local 1920 which without membership is the union who also fall under the Bargaining Unit. The Labor Relations office is there to provide guidance as representatives should the bargaining unit employees find themselves in a dispute with their employer or supervisor that could lead to filing grievances or they choose to address their issues to the union. As a federal employee myself and of the 5, 5000 federal employees on Fort Hood, I chose to conduct an interview with a Labor Relations Specialist working with in the Labor Relations office of the Human Resource Department on the installation to gain a better insight of how the labor issues are handle from the federal government perspective while working hand in hand with the AFGE. Labor Relations Functions Fort Hood being a military installation holds a Human Resource Department within the Civilian Personnel Advisory Center (CPAC). Human Resource department also has a Labor Relations office consisting of three Labor Relations...
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...Table of Contents Resolution of Industrial Conflict/Conciliation and Arbitration ............................................... 2 Introduction ................................................................................................................................. 2 The nature of conciliation and arbitration and mediation ........................................................... 2 The grievance machinery ............................................................................................................ 4 The Labour Relations Code & The Industrial Disputes Tribunal (IDT) ..................................... 5 Litigation ..................................................................................................................................... 6 Module 8 ........................................................................................................................................ 8 Industrial Relations and the Future ............................................................................................ 8 Globalization - competition and industrial relations ................................................................... 8 The 21st century and trade unions............................................................................................... 8 Pay and working conditions ........................................................................................................ 9 Time flexibility.................................
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...Collective Bargaining My Name here February 24, 2013 The University Collective Bargaining It is common to define collective bargaining as a negotiation between an employer and trade union. Collective bargaining, however simple that short definition may be, is a complex labor process defined by several discussion topics; collective bargaining is governed by strict definitions and rules, extensive long-standing laws that support it, and specific methods and people to administer agreements reached in the collective bargaining process. The best way to discuss collective bargaining is to approach each of these topics in order to round out the full spectrum of knowledge required to full understand and define collective bargaining with ease. In this paper, you will approach each of these complex topics with the intent of learning more about collective bargaining. The best approach is to begin by defining collective bargaining. Defining Collective Bargaining Collective bargaining is the process by which employers and a group of employees negotiate and agree upon the scope of employment relationships (wages, hours, working conditions, benefits, other employment terms). The employees are typically represented by a labor union in collective bargaining. In the US labor system, when collective bargaining leads to mutual agreement of the sides, the agreement terms become the basis of a Collective Bargaining Agreement (CBA) or union contract that is a legally enforceable...
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...effective Out of Class grievance Introduction: Article 14.2, 14.2.17 and 14.2.21 of the MOU governs The Out of Class grievance process. Out of Class grievances are some of the most difficult grievances to win in Arbitration. Out of class grievances that are not resolved at the department level are resolved by DPA in some instances, provided there is substantial evidence that an employee is working out of class. Grievances not resolved at DPA that are approved for Arbitration must have evidence that can be presented to an Arbitrator that proves an employee is performing duties of an existing, higher paid classification more that 50% of the time over 2 consecutive work weeks (MOU Art. 14.2, 14.2.17, 14.2.21) that do not overlap with the worker’s existing SPB class specification. The Out of Class Grievance Process If the out of class work is ongoing, the grievance is always timely. However, once an out of class grievance is filed, the procedural steps outlined in the MOU Article 14, must be followed. If the out of class duties cease to be performed for any reason, an out of class grievance must be filed within 21 calendar days (except Unit 21, Out of Class grievances must be filed within 60 days) of when the worker ceased doing the out of class work, MOU Article 14.2, 14.2.17 and 14.2.21. Remember the only remedy an Arbitrator may award is out of class pay for one year, prior to the filing of the grievance, plus the time it takes to process the grievance. The Arbitrator...
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...The purpose of the Postal Service is to give every person efficient, and affordable mail service. The USPS has over 574,000 employees throughout the United States and operates one of the biggest fleets in the world with 260,000 vehicles. The Postal Service is not a franchise; however they do have Contract Postal Units that are operated by non-postal employees. Most CPU’s offer box rentals and retail services, such as stamp purchases. You can also mail your packages and mail pieces at these locations as well. 2. Job Title Labor Relations Specialist 3. Job Description Labor Relations Specialist in the US Postal Service resolve complex district-wide labor relations and equal employment opportunity (EEO) problems affecting arbitration, grievances, contract administration and labor relations practices and procedures. Analyzes complex labor relations problems associated with local implementation, negotiations, and contract administration; develops data and supporting...
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... WHY IS COLLECTIVE BARGAINING AN IMPORTANT ASPECT OF LABOR-MANAGEMENT RELATIONS? Collective bargaining is important because it promotes the rights and ideals of labor. 1/6 Right to life. Collective bargaining is a means of improving workers’ standard of living through just compensation and humane working conditions. Right to work. It guarantees security of tenure and employees promotion on the basis of seniority. Right to equity. It defines the right and responsibilities of labor and management. Right to participate. It affords participation to labor in running an enterprise through shared decision-making, control, management, and ownership of the means of production. Industrial peace. It includes machinery for settling grievance or labordisputes on employment –related issues. WHO ARE THE PARTIES...
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...nineteenth century as a result of workers collectively uniting to force companies to limit the hours in a workday, improve wages and working conditions. Currently, labor unions are “formed for the purpose of representing their members’ interests and resolving conflicts with employers.” (Noe et al., 2007) Some of these interests may include increases in wages, improving healthcare and retirement benefits, and job security. Labor relations can be thought of as the working relationship between management and the leaders of the unions. Their cooperation with each other helps to eliminate strikes through collective bargaining, which will ideally be mutually beneficial for both management and workers. It involves the critical skill of arbitration and compromise. According to the text labor relations involves three levels of decision, which are labor relations strategy, negotiating contracts, and administering those contracts. Labor unions have a considerable impact on the organization. One impact is on productivity. There are opinions on both sides as to whether productivity increases or decreases with unions. “There is a common myth that unions hurt productivity, supposedly because they impose work rules that make their employers less efficient.” (Eisenbray, 2007) In fact, according to the article titled “Strong Unions, Strong Productivity,” there has been a significant drop in union memberships from the 1979-2005, and within this same time, there was not a dramatic increase...
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...Trade union is an organization that consists of workers who is wanted to improve the terms and condition in the workplace. In Singapore, trade union has defined as any organization of employers or employees have main objectives. First of the objective is to establish relation in the economy. Another objective is to create a win- win situation for both employee and the employer; this objective also will be effect to Singapore economy. Lastly is to create a better standardized working environment for the employee and employer. The impact of union is to improve worker safety, increase salary for union workers, to end child labor practices, raise the standard of living, reduce working hours in a week and give other benefits. From the survey in 1994 by former Secretary of Labor John Dunlop, 59 percent of employees said that they employer will dislike them if they support an organization and 79 percent of employees agreed if employees who are trying to organize the union, they will more likely to get fired. In Singapore, under section 2 of the Trade Union Act says that any person aged 16 and above and who is hired under a contract of services can join a union. Government employees other than those in the Police force and Armed Forces can join unions. NTUC is one of federation of unions in Singapore which formed in 2001 until now. The main objectives of the NTUC are: ❖ To help Singapore stay competitive ❖ To help worker to remain employable for life ❖ To enhance...
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...Chapter II History & Evolution of Stock Exchanges in India 2.1 Introduction: Before we study the historic volatile days of the ten years, let us first know what are : a) Stock Markets, b) Stock exchanges. a) Stock Markets: Stock Market is a market where the trading of company stock, both listed securities and unlisted takes place. It is different from stock exchange because it includes all the national stock exchanges of the country. For example, we use the term, "the stock market was up today" or "the stock market bubble." b) Stock Exchanges: Stock Exchanges are an organized marketplace, either corporation or mutual organization, where members of the organization gather to trade company stocks or other securities. The members may act either as agents for their customers, or as principals for their own accounts. Stock exchanges also facilitates for the issue and redemption of securities and other financial instruments including the payment of income and dividends. The record keeping is central but trade is linked to such physical place because modern markets are computerized. The trade on an exchange is only by members and stock broker do have a seat on the exchange. 2.2 History of Indian Stock Market: Indian stock market marks to be one of the oldest stock market in Asia. It dates back to the close of 18th century when the East India Company used to transact loan securities. In the 1830s, trading on corporate stocks and shares in Bank and Cotton...
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...*HRM - Quality of work life* Working title – "Quality of work life" Quality of work life can be defined as the environment at the work place provided to the people on the job. QWL programs is the another dimension in which employers has the responsibility to provide congenial environment i.e excellent working conditions where people can perform excellent work also their health as well as economic health of the organization is also met. The quality of personal life is always reflected in professional life and vice versa. Now a day to retain the employees in the organization providing healthy QWL is the key factor. In earlier times QWL means only job enrichment. In addition to improving the work system, QWL programs usually emphasize on development of employee skills, the reduction of occupational stress and the development of more co-operative labor-management relations. The components of Quality of Work Life may vary from organization to organization, individual to individual but some of the basic components are – 1. Free communications – open communication in the organization with the co- workers is the vital factor that ensures good quality of work life. It leads to more of informal communication between co-workers and subordinates during the rest hours of the organization. 2. Reward system – reward is related to monetary or non monetary rewards eg- incentives, movie tickets, family health insurance, sponsoring the education of children etc.any...
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...1. Describe how a strike by the Teamsters against UPS affects that company's various stakeholders. Does the timing of the strike make a difference? Explain. A strike defiantly has ramifications on a company’s stakeholders. In the case of UPS, these ramifications were quite large due to the size of the organization. According to Jackson and Schuler (2006, pg. 604), strikes are often timed to coincide with a company’s busiest time of the year. It is the hopes of those striking that this will create the large disruption and revenue loss for the corporation. It is typically used as a means to get employers to the bargaining table. However, when negations fail, and a strike occurs, the impacts trickle to all the stakeholders involved with the organization. Stockholders are impacted by the loss of revenue and disruption to work. Executives and managers are sometimes forced to try to do the work of those employees on strike in order to minimize the impact. Organizations that support the striking company may be impacted by delays in payments, orders, and contracts as a result of the strike. Finally, the employees themselves are greatly impacted by the strike. They have to walk picket lines and lose their income for the time that they are on strike (Jackson & Schuler, 2006 pg. 5604). Basically, every customer, partner, stockholder, and individual that interacts with the organization that is on strike will be impacted on one manger or another. 2. Union membership has been...
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