...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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...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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...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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... WHAT IS COLLECTIVE BARGAINING? Collective bargaining is a process of negotiating an agreement regarding the terms and conditions of employment through a system of shared responsibility and decision-making between labor and management. WHAT ARE THE BARGAINING? FOUR ESSENTIAL ELEMENTS OF COLLECTIVE Legal. Collective bargaining agreement. is a process of negotiating an of Economic. Moral. It Its contents specify the terms and conditions employment (e.g., salary/wage increase, benefits, etc.). and management. Political. The agreement is a product of a negotiation between labor involves a system of shared responsibility and decisionmaking. 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...
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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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...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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...*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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...Chapter 16: Labour Relations Labour union: an officially recognized association of employees practicing a similar trade or employed in the same company or industry who have joined together to present a united front and collective voice in dealing with management. -the purpose of unionization are to influence HR policies and practices that affect bargaining unit members such as pay and benefits. Labour- management relations: the ongoing interactions between labour unions and management in organizations -managerial discretion and flexibility in dealing with employees and in implementing and administering HR policies/procedures are reduced. Collective agreement (union contract): a formal agreement between an employer and the union representing a group of its employees regarding terms and conditions of employment. Collective bargaining: negotiations between a union and an employer to arrive at a mutually acceptable collective agreement -an organization’s labour relations strategy, one component of its HR strategy, is its overall plan for dealing with unions, which sets the tone for its union-management relationships. -union acceptance strategy- view the union as the legitimate representative of the employees. -union avoidance strategy- prefer to operate in a non unionized environment. (Walmart) -to avoid unions, companies can either adopt a: -union substitution approach- become so responsive to employees’ needs that there is no incentive for them to unionize ...
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... A grievance is generally defined as a claim by an employee that he or she is adversely affected by the misinterpretation or misapplication of a written company policy or collectively bargained agreement. To address grievances, employers typically implement a grievance procedure. The grievance procedure may also be part of a collective bargaining agreement. A grievance procedure is a means of internal dispute resolution by which an employee may have his or her grievances addressed. Most collective bargaining agreements include procedures for filing and resolving grievances. Within a union environment, the processes will typically involve the employee, union representatives and members of the employer’s management team. Grievance processes may differ somewhat from employer to employer and under various collective bargaining agreements. However, most will have certain general processes in common. Grievances are brought to the employee’s immediate supervisor. This may be either an informal process or the beginning of the formal process. Generally, there will be a requirement that the grievance be submitted in writing using a grievance form. Usually, the supervisor and the union representative will review the grievance to determine whether it is valid. Also, most grievance procedures will require that the submission occur within a specified timeframe following the event or incident. Three possible outcomes may occur at this stage of the process: •The...
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...a union, reach an agreement on the terms and conditions of employment. These terms and conditions are based on such items as compensation, personnel policies, employee rights, employer rights, union rights, and dispute resolution. Compensation can include such issues as wages, benefits, and vacation packages. Personnel policies can include layoff policies, promotion policies, and transfer policies. Employee rights can include seniority rights, job standards, and workplace rules. Employer rights can include such issues as management rights, just cause discharge, and safety standards. Union rights can include recognition as sole bargaining agent, use of a bulletin board in the workplace, and shop stewards. Dispute resolution can include grievance procedures, committees, and renegotiation procedures (Budd 13). There are three categories of bargaining items: mandatory, permissive, and illegal. Mandatory bargaining items include wages, insurance plans, pensions, and other terms and conditions of employment. Permissive bargaining items include union representation on the board of directors, drug and alcohol screening for applicants, and any other items that are not covered under mandatory or illegal bargaining. Illegal bargaining items include closed shop provisions, policies that...
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...resolve disputes through mediation and arbitration to make a mutual decision between parties who are unable to resolve issues by themselves as well as avoid high cost legal fees. Mediation and arbitration may not work all the time but with the right mediator and arbitrator, at least eighty percent of the time they are able to work out an agreement that is acceptable to both parties (Cahn & Abigail, 2007, pg. 196). Once the case is acceptable, legal action may not be needed and the parties can move forward to an agreement. Cahn & Abigail (2007) defined the role of arbitration as a neutral third party considering both sides of a dispute and makes a decision, which is more binding than that of a judge in the legal system if both parties have agreed in advance to abide by the decision (no appeal)” (pg. 195). Depending on the situation and conflict, it can be beneficial going through arbitration so all parties will be able to express their side without having a judge or jurors make a final ruling. Cahn & Abigail (2007) defined the role of mediation as a neutral third party that facilitates communication between the conflicting parties so that they may work out their own mutually acceptable agreement” (pg. 195). Conflicts can be difficult to resolve because all parties feel that their way is the right way and no other way is right. This can get out of line especially when the conflict needs to be resolved. The function of mediation and arbitration is to resolve conflicts through...
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